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12.—(1) Where the circumstances of the case are that—
(a)a qualifying child is a boarder at a boarding school or is an in-patient in a hospital; and
(b)by reason of those circumstances, the person who would otherwise provide day to day care is not doing so,
that case shall be treated as a special case for the purposes of the Order.
(2) For the purposes of this case, Article 4(3)(b) of the Order shall be modified so that for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the person who would usually be providing such care for that child but for the circumstances specified in paragraph (1).
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