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