§ Mr. LawsTo ask the Secretary of State for Defence if he will pay no-fault compensation to former members of the UK armed forces suffering from Gulf war 491W syndrome, in accordance with the recent ruling of the Pension Appeals Tribunal in the case of Mr. Shaun Rusling; and if he will make a statement.167638]
§ Dr. Moonie[holding answer 9 July 2002]As my right hon. Friend the Minister of State for the armed forces explained in his answers on 2 July,Official Report, columns 226–27W and on 4 July, Official Report, column 520W, the Ministry of Defence does not recognise Gulf war syndrome as a medical condition. Furthermore, the recent Pension's Appeal Tribunal's decision is specific to that case and does not set a legal precedent. It would be wrong to interpret from the tribunal's finding that Gulf war syndrome does exist. However, the fact that there is, at present, no proper basis for recognising Gulf war syndrome as an appropriate diagnostic label does not prevent a Gulf veteran getting a war pension which is paid on a no-fault basis. Gulf veterans may also be eligible for no-fault pension benefits under the armed forces pension scheme.
§ Llew SmithTo ask the Secretary of State for Defence if he will make a statement on his policy of providing compensation to invalided soldiers, medical auxiliaries and their families suffering from illness arising from serving in the Gulf War. [68259]
§ Dr. MoonieNo-fault compensation for United Kingdom service personnel disabled as a result of their service is provided through the War Pension Scheme (WPS). The WPS applies to all those who have served in the UK forces. Veterans may also be eligible for an Armed Forces Pension Scheme (AFPS) occupational pension and, if they have been medically discharged, this is supplemented by attributable benefits linked to the degree of disability or non-attributable benefits linked to length of service, whichever is the greater. Both the WPS and AFPS provide benefits to the dependants of veterans who have died.
The Ministry of Defence has about 2,000 active notices from Gulf veterans and members of their families of their intention to claim common law compensation in respect of illness allegedly arising from the Gulf conflict. However, we have still yet to receive any writs or claims of sufficient detail to allow these cases to be taken forward. When compensation claims are submitted against the MOD, they are considered on the basis of whether or not the Department has a legal liability to pay compensation. Where there is a legal liability to pay compensation we do so.