Transitional provision relating to claims not made, or made but not determined, before the operative date
5. Where –
(a)a claim for lesser incapacity allowance either –
(i)was not made before the operative date and the allowance is awarded for a period beginning on or 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
(ii)was made but not determined before the operative date; and
(b)such allowance is found to be payable in respect of a period before the operative date,
the rate payable in respect of the period before the operative date shall be that which would have been payable had the amendment to the principal Regulations made by regulation 3 not been made.