§ Mr. LivingstoneTo ask the Secretary of State for Social Security (1) what steps the War Pensions Agency has taken to evaluate the systems in(a) Australia, (b) the United States of America and (c) Canada for compensating former service personnel who are suffering long-term ill health as a result of mustard gas experiments conducted by their own Governments in previous years; [14383]
(2) if the burden of proof is on the claimant to prove his or her case in cases in which service personnel are claiming disablement as a result of experiments at the chemical defence establishment at Porton Down; [14384]
705W(3) if he will list the regulations introduced by his Department since 1986 which relate to claims made by individuals claiming disablement as a result of experiments at the chemical defence establishment, Porton Down; [14390]
(4) what evaluation has been made by the War Pension Agency of the findings on the long-term health effects of mustard gas and lewisite reached by the US Institute of Medicine committee in its report "Veterans at Risk—the health effects of mustard gas and lewisite" edited by Constance Pechura and David Rall published in January 1993; and what was the basis of the evaluation. [14847]
§ Mr. HealdNo steps have been taken to evaluate either the US Institute of Medicine report quoted, or the systems in Australia, Canada and the United States of America for compensating former service personnel who may be suffering long-term ill health as a result of mustard gas experiments.
Under the war pensions scheme, where a claim is made within seven years of termination of service, the onus is on the Secretary of State to show beyond reasonable doubt that service has played no part in the cause or course of the claimed disablement. For claims made more than seven years after leaving service, where the onus is on the claimant, he is required only to raise at least a reasonable doubt, based on reliable evidence, that a condition may be due to service. The benefit of any reasonable doubt is always given to the claimant.
No regulations relate specifically to Porton Down experiments. The Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983, applies to all claims in respect of disablement due to service.
- 1987–165: Uprating order.
- 1988–248: Uprating order plus changes relating to income support.
- 1988–2248: Provisions for payment of pension by direct credit transfer.
- 1989–156: Uprating order plus amendments due to introduction of the community charge.
- 1990–250: Uprating order plus amendment to definition of the term "public funds".
- 1990–1308: Extension of entitlement to mobility supplement to the deaf-blind.
- 1991–766: Uprating order plus extension of entitlement to mobility supplement to certain amputees.
- 1992–710: Uprating order plus abolition of dependent's allowance and reduction in qualifying period for mobility allowance.
- 1992–3208: Abolition of gratuities for noise— induce sensorineural hearing loss of less than 20 per cent.
- 1993–598: Uprating order plus abolition of rank additions, education allowance and restoration of certain widow's pensions and amendments consequential to the introduction of council tax.
- 1994–772: Uprating order plus amendment to the definition of "injury" to exclude the effects of tobacco and consumption of alcohol and provisions relating to the suspension of pensions pending an appeal.
- 1994–1906: Supplementary pension for "pre-1973" widows.
- 1995–766: Uprating order plus effect of the disability living allowance mobility component on entitlement to mobility supplement and minor amendments concerning the suspension of pension pending appeal.
706 - 1996–732: Uprating order plus restoration of widow's pensions.
- 1996–1638: Provision for "pre-1914 War" and "inter war years" cases.
- 1996–2882: Manner and date of claim provisions.