388. Injuries and deaths excluded.

No benefit1 is payable under the post-2005 scheme to or in respect of a person by reason of an injury2 sustained by a member3, the worsening of an injury, or death which is caused (wholly or predominantly)4 by:

  1.  

    (1)     the use or effect of tobacco5;

  2.  

    (2)     the consumption of alcohol6;

  3.  

    (3)     the non-therapeutic use of drugs7;

  4.  

    (4)     consensual sexual activity8;

  5.  

    (5)     events, experiences, exposures and activities occurring before the member or former member of the forces entered service except where an injury is made worse by service within the terms of the scheme

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