Where a claim falls within the scope of presumptive liability, the Delegate must accept liability without reference to the SoP framework. The legislative presumption replaces the need to determine whether any SoP factor is met.
Where a condition is not listed in the presumptive instrument or the claimant does not satisfy the prescribed service criteria, the Delegate must then apply the ordinary SoP‑based process (in claims where SoPs are relevant). This involves identifying the applicable SoP, determining the correct standard of proof, and assessing whether a factor is met.
A condition does not require a SoP for it to be prescribed for presumptive purposes, and the existence or lack of a SoP does not prevent a condition from being added to the presumptive instrument.
The two pathways operate independently. Furthermore, whether the RMA has investigated, declined to investigate, or intends to investigate a condition is irrelevant when assessing presumptive eligibility. Legislative provisions ensure that such matters play no role in presumptive decision making.