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The Disability Working Allowance (General) Regulations 1991

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Death of claimant

54.—(1) Except as provided in paragraph (2), an award of disability working allowance shall cease to have effect upon the death of the claimant.

(2) Where a claimant dies and is survived by a partner who was the claimant’s partner at the date of claim, an award of disability working allowance made in the claimant’s favour shall have effect for its unexpired period as if originally made in favour of the partner.

Prevention of duplication of awards of family credit, disability working allowance and income support

55.  Where provision is made for the same child or young person in awards for overlapping periods, the first being an award of disability working allowance and the second an award of disability working allowance, family credit or income support, and at the start of the period of overlap that child or young person is no longer a member of the household of the claimant under the first award, the first award shall terminate with effect from the start of the period of overlap.

Overlapping awards of disability working allowance

56.  An award of disability working allowance which is made on review or appeal shall be treated as a relevant change of circumstances affecting any other award of disability working allowance which it overlaps.

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