PART 7U.K.ADJUDICATION

Burden of proofU.K.

60.—(1) Subject to the provisions of this article, the burden of proving any issue is on the claimant.

(2) Where paragraph (3) applies there is a presumption in favour of the claimant unless the Secretary of State proves to the contrary.

(3) This paragraph applies where—

(a)a contemporary official record relating to a material fact which is relevant to deciding a condition for payment of benefit under Part 2 is missing; and

(b)there is other reliable evidence to determine the material fact.

(4) For the purpose of paragraph (3)—

(a)a contemporary official record” means a record, including an electronic record, held by the Secretary of State for Defence or the Defence Council;

(b)“a material fact” need not be a decisive fact for the purpose of determining a claim under Part 2;

(c)a record is missing where it has been—

(i)lost and cannot be found after a diligent search; or

(ii)destroyed.