In this case, no additional points are needed; the rules are completely clear. Read section 5.10.2 again, and if your case doesn't fit, it means you can't participate in the battle.
That's what I'm talking about.
Obviously, if you follow the letter of the rules, this hero couldn't participate in the battle.
But if you follow the spirit of the rules, as I, for example, or Juristis above, understand it, then he could.
If the letter and the spirit of the law don't match, it's customary to change the letter!