5.—(1) Paragraph (2) shall apply to a person whose claim for lesser incapacity allowance—
(a)was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Regulations; or
(b)was made but not determined before the operative date.
(2) Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Regulations made by regulation 3 not been made.