The Personal Injuries (Civilians) Scheme 1983

Entitlement

5.—(1) Under this Scheme awards may be made in respect of the following classes of injuries sustained during the period of the emergency, namely—

(a)war injuries sustained by gainfully occupied persons;

(b)war injuries sustained by persons not gainfully occupied;

(c)war service injuries sustained by civil defence volunteers.

(2) Where a claim other than one specified in the following paragraph of this Article is made, there shall be no onus on the claimant to prove that disablement was caused by, or that death was the direct result of, the relevant qualifying injury, and the benefit of any reasonable doubt on those questions shall be given to the claimant.

(3) Where—

(a)a claim is made within the time limit specified in Article 54(3) in respect of the death of a person, such death having occurred more than 7 years after the material date; or

(b)the Secretary of State in any case or class of case has made a direction pursuant to Article 54(1) in respect of any time limit referred to in that Article and the claim—

(i)is made more than 7 years after the material date in respect of disablement, or

(ii)is made in respect of the death of a person, such death having occurred more than 7 years after the material date;

and, upon reliable evidence, a reasonable doubt exists whether the disablement was caused by, or whether the death was the direct result of, the relevant qualifying injury, the benefit of that reasonable doubt shall be given to the claimant.