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5. In paragraph 10 of Schedule 3 to the Income Support Regulations, after sub-paragraph (6), there shall be inserted the following sub-paragraphs—
“(6ZA) For the purposes of calculating any period of 6 months referred to in sub-paragraph (6), and for those purposes only, a person shall be treated as entitled to income support for any period of 8 weeks or less in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which he was in receipt thereof.
(6ZB) Any period in respect of which—
(a)income support was paid to a person, and
(b)it was subsequently determined on appeal or review that he was not entitled to income support for that period,
shall be treated for the purposes of sub-paragraph (6ZA) as a period in respect of which he was not in receipt of income support.
(6ZC) Heads (c) to (f) of sub-paragraph (9) of paragraph 7 shall apply to sub-paragraph (6ZA) as they apply to sub-paragraph (1) of paragraph 7 but with the modification that the words “Subject to sub-paragraphs (10) and (11)” were omitted and references to “the claimant” were references to the person mentioned in sub-paragraph (6ZA).”.
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