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The Disability Working Allowance (General) Regulations (Northern Ireland) 1992
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Circumstances in which a person is to be treated as responsible or not responsible for another
9.—(1) Subject to paragraphs (2) and (3), a person shall be treated as responsible for a child or young person who is normally living with him.
(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—
(a)the person who is receiving child benefit under Part II of the Child Benefit (Northern Ireland) Order 1975 in respect of him; or
(b)if there is no such person—
(i)where only one claim for child benefit has been made in respect of him, the person who made that claim, or
(ii)in any other case the person who has primary responsibility for him.
(3) For the purposes of these regulations a child or young person shall be treated as the responsibility of only one person during the period of an award and any person other than the one treated as responsible for the child or young person under the foregoing paragraphs shall be treated as not so responsible.
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