HC Deb 09 December 1998 vol 322 cc217-8W
Dr. David Clark

To ask the Secretary of State for Social Security what the policy is of the War Pensions Agency on the seven year rule towards Gulf War veteran claimants. [62959]

Mr. Timms

War Pension legislation applies to Gulf War veterans in the same way as to all ex-service personnel claiming a War Pension. Anyone who considers that disablement may be due to service in the Gulf may claim a War Pension at any time after leaving H.M. Forces.

Where a claim is made within seven years of termination of service there is no onus on the claimant to show that disablement is due to service. Even where a claim is made more than seven years after termination of service, it is only necessary for there to be reliable evidence to create a reasonable doubt that disablement might be due to, or aggravated by, service. The benefit of that reasonable doubt is always given to the claimant.

The Secretary of State may review a decision to reject a claim at any time and on any grounds. Where a claim made within seven years of termination of service is later reviewed, the same conditions of proof which applied at the time the claim was made apply to the review.

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