Assessment of extent disablement

(1) Subject to the following paragraphs, for the purpose of disablement benefit, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty in accordance with the following general principlesextent of (a) save as hereafter provided in this paragraph, the disabilities to be taken into account shall be all the disabilities (whether or not involving loss of earning power or 88 Social Security additional expense) to which the claimant may be expected, having regard to his physical or mental condition at the date of assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal; (b) any such disability shall be treated as having been incurred as a result of the relevant loss of faculty except that it shall not be so treated in so far as the claimant either – (i) would in any case have been subject thereto as the result of a congenital defect or of any injury or disease received or contracted before the relevant accident or injury; or (ii) would not have been subject thereto but for some injury or disease received or contracted after, and not directly attributable to, that accident; (c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex and physical or mental condition. (2) Where the sole injury which a claimant suffers as a result of the relevant accident is one specified in column (1) of the Second Schedule, the loss of faculty suffered by the claimant as a result of that injury shall be treated for the purpose of this Regulation as resulting in the degree of disablement set against such injury in column (2) of that Schedule. Social Security 89 (3) For the purpose of assessing, in accordance with this Regulation, the extent of disablement resulting from the relevant injury in any case which does not fall to be determined under paragraph (2) the medical board or medical practitioner, as the case may be, making the assessment may have such regard as may be appropriate to the prescribed degrees of disablement set against the injuries specified in the Second Schedule. (4) An assessment shall state the degree of disablement in the form of a percentage: (a) such percentage shall not be specified more particularly than is necessary for the purpose of determining in accordance with this Regulation the claimant’s right to disablement benefit; and (b) percentage between twenty–five and one hundred which is not multiple of ten shall be treated – (i) if it is a multiple of five, as being the next higher percentage, which is a multiple of ten; (ii) if it is not a multiple of five, as being the nearest percentage, which is a multiple of ten. (5) Where the degree of disablement is assessed at twenty per cent or more and having regard to the possibility of changes in the condition of the person concerned a final assessment is not possible, a provisional assessment may be made for a specified period limited by reference to a definite date: Provided that before the end of the period taken into account a final assessment shall be made and such assessment 90 Social Security shall have effect from the end of the period taken into account by the provisional assessment. for rate of