6. In regulation 69(a) of the Jobseeker’s Allowance Regulations (prescribed period for the purposes of Article 21(2) of the Order) for sub-paragraph (ii) there shall be substituted the following sub-paragraph—
“(ii)either—
(aa)where the determination mentioned in (i) does not relate to an employment programme specified in regulation 75(1)(a), or the training scheme specified in regulation 75(1)(b)(ii), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) of the Order (circumstances in which a jobseeker’s allowance is not payable), or
(bb)where the determination mentioned in (i) relates to an employment programme specified in regulation 75(1)(a), or the training scheme specified in regulation 75(1)(b)(ii), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within Article 21(5) of the Order that relate to such a programme or scheme, and”.