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5. Notwithstanding the provisions of Articles 2 and 3 of this Memorandum:—
(a)where a person would be entitled to child benefit in respect of the same child for the same week under both the Act and the Order, he shall only be entitled to the benefit payable under the legislation of the Party in whose territory he is present;
(b)where two or more persons would be entitled to child benefit in respect of the same child for the same week under the Act or the Order or both, one of them only shall be entitled; and the question of which of them is entitled shall be determined in accordance with the legislation of the Party in whose territory the child is present.
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