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

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.