PART 7ADJUDICATION
Burden of proof60
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.