Disablement with other causesN.I.
2.—(1) This regulation applies where disablement is caused by a relevant incident but also has a cause (“the other cause”) other than a relevant incident.
(2) In a case where the other cause is a congenital disorder or is an injury received or contracted before the relevant incident, the assessed degree of disablement must take into account all such disablement, except to the extent the applicant would have been subject to that disablement had the relevant incident not occurred.
(3) In a case where the other cause is an injury received or contracted after and not directly attributable to a relevant incident, the assessed degree of disablement must take account of—
(a)all such disablement to the extent to which the applicant would have been subject to that disablement if the other cause had not arisen, and
(b)where the extent of disablement would be assessed at not less than 11 percent if that other cause had not arisen, the assessment must also take account of any disablement to which the applicant may be subject as a result of that other cause except to the extent to which the applicant would have been subject to that disablement had the relevant incident not occurred.
Commencement Information
I1Sch. 2 para. 2 in force at 29.5.2020, see reg. 1(3)