This seems to be to be a pretty bizarre set of rules, holding off the punishment until they know where they will finish. I understand that they want to stop clubs doing what Leeds did and taking the points when the club is all-but-down, but in my mind they need to make a clear decision NOW on whether or not the points deficit is applied. At the point at which the punishment is declared, the FA should either take the 10 points off or, if the club look like being relegated anyway, should hold off and say that they will definitely take effect next year, no matter what league the club is in. None of this to-ing and fro-ing.
......bit if they didnt do it this way then it could be exploited like Leeds did...as you pointed out?