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The Employment and Support Allowance (Amendment of Linking Rules) Regulations 2012

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Amendments to the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010

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6.  In regulation 21(5) of the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010(1) (termination of transitional addition) —

(a)in sub-paragraph (a) omit “or (2)”; and

(b)for sub-paragraph (c) substitute–

(c)in respect of that earlier period, it was terminated–

(i)other than by virtue of a determination that T did not have, or was treated as not having, limited capability for work, or

(ii)by virtue of a determination that the claimant did not have, or was treated as not having, limited capability for work, and, in respect of that subsequent claim, it is determined that T has, or is treated as having, limited capability for work, other than under regulation 30 of the 2008 Regulations..

(1)

Regulation 21 was amended by regulation 12 of S.I. 2010/2430 and regulation 10(3) of S.I. 2012/913.

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