Article 3 Partial incapacity to be treated as total in certain circumstances
For the purpose of the references in article 2 to a period of total incapacity for work resulting from the relevant injury or disease, a person who is unable to obtain employment shall, subject to the provisions of paragraph (3) of this article, be treated as subject to such an incapacity:—
if he is being treated as being so for the purposes of his workmen's compensation in respect of the relevant injury or disease; or
if it appears to the appropriate determining authority—
that, having regard to all the circumstances, it is probable that he would, but for the continuing effects of the relevant injury or disease, be able to obtain work in the same grade in the same class of employment as before the happening of the accident; or
that his inability to obtain employment is a consequence, wholly or mainly, of the relevant injury or disease.
Where a person who is unable to obtain employment fails to satisfy the conditions laid down in paragraph (1) of this article because of the supervening effects of an injury or disease other than the relevant injury or disease, or of physical or mental infirmity due to old age, he shall nevertheless be deemed to satisfy the said conditions if he proves—
that he would have satisfied either of the conditions set out in sub-paragraph (b) of the said paragraph at the time when he first became subject to the aforesaid supervening effects and that he was then unable to obtain employment; and
that since that time the effects of the relevant injury or disease have not become substantially less serious.
This article shall not apply to any person for any period for which he receives unemployment benefit.
This article shall also apply for the purposes of section 2(3) of the 1951 Act (which relates to the circumstances in which a person is to be treated as subject to total incapacity for work resulting from the relevant injury or disease).