Armed Forces (Pensions and Compensation) Bill — 2 Nov 2004 at 14:30

:TITLE3:COMMONS REASONS FOR DISAGREEING TO CERTAIN LORDS AMENDMENTS

[The page and line references are to HL Bill 70, as first printed for the Lords.]

:TITLE3:LORDS AMENDMENT

1 Clause 1, page 1, line 14, at end insert-

"( ) Any scheme established under subsection (2) must provide that there shall be no onus on any claimant under the scheme to prove the fulfilment of any conditions for a claim thereunder and that the benefit of any reasonable doubt shall be given to the claimant."

The Commons disagree to this amendment for the following reason-

1A Because it could allow a claim to succeed even though the conditions for entitlement were probably not fulfilled.

rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 1, to which the Commons have disagreed for their reason numbered 1A, at end insert "but do propose the following amendment in lieu thereof-

1C page 1, line 14, at end insert-

"( ) Any scheme established under subsection (2) must provide that there shall be no onus on any claimant under the scheme to prove that his illness or injury (whether physical or mental) or his death, is attributable (wholly or partly) to his service in the armed forces or the reserve forces and the benefit of any reasonable doubt shall be given to the claimant.""

On Question, Whether the said amendment shall be agreed to?

Their Lordships divided: Contents, 94; Not-Contents, 140.

Debate in Parliament | Historical Hansard | Source |