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3. In regulation 4 (making a claim for benefit) after paragraph (3) there shall be inserted the following paragraph–
“(3A) In the case of a married or unmarried couple where both partners satisfy the conditions set out in Section 20(6A) of the Social Security Act 1986(1), a claim for disability working allowance shall be made by whichever partner they agree should so claim, or in default of agreement, by such one of them as the Secretary of State shall determine.”
Subsection (6A) was inserted by section 6(4) of the Disability Living Allowance and Disability Working Allowance Act 1991.
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