§ Bob RussellTo ask the Secretary of State for Defence (1) what representations he has received within the last 12 months about changes to the criteria in the armed forces compensation scheme for service personnel claiming disability compensation; and if he will make a statement; [105299]
(2) whether it is his intention to change the criteria of the armed forces compensation scheme for service personnel claiming disability compensation from the basis of reasonable doubt to the balance of probability; and if he will make a statement. [105300]
§ Dr. MoonieThe Ministry of Defence currently provides compensation for death and disablement caused or aggravated by service under two schemes, the War Pension Scheme (WPS) and the Armed Forces Pension Scheme (AFPS). Each scheme operates under separate legislation and the standard of proof applied to claims under the two schemes is different.
The War Pension Scheme was introduced in 1917 and its generous standard of proof reflects in particular the limits of medical understanding of the time. Claims may be made at any time after service release. Specifically, where a claim is made to a War Pension within seven years of termination of service, the onus is wholly on the Secretary of State to prove beyond reasonable doubt that the disablement was not due to service. Where a claim is made more than seven years after termination, the onus rests on the claimant to raise reasonable doubt by reliable evidence that the disablement is due to service, the claimant receiving the benefit of any reasonable doubt. The attributable benefits elements of the Armed Forces Pension Scheme introduced attributable pensions in 1973. This applies to disablements leading to medical discharge; it considers claims against the balance of probabilities standard of proof, in line with most other such schemes and the practice of civil courts. It places the onus of proof on the individual.
It has not been considered appropriate so far to change these arrangements but the issue has been considered within the current review of armed forces compensation arrangements. In March 2001, we published proposals for a new armed forces compensation scheme based entirely on the balance of probabilities standard of proof A number of respondents have expressed their concern that this would not be appropriate to the special status of the armed forces and the demands placed on them. This view has been particularly strongly represented by ex-service organisations. We have been in close consultation with these and other interested groups and will continue 306W to work with the ex-service community in finalising the details of the new scheme. We expect to make a final decision on the broad design of a new scheme shortly.