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.