PART 2 CONDITIONS OF ENTITLEMENT

Second adult element

Second adult elementF111

1

The determination of the maximum rate must include the second adult element if the claim is a joint claim.

  • This is subject to the following provisions of this regulation.

2

The determination of the maximum rate shall not include the second adult element if—

a

one of the claimants is aged 50 or over,

b

the 50 plus element is payable, and

c

neither of the claimants is engaged in qualifying remunerative work for at least 30 hours per week.

3

But subsection (2) does not apply if at least one of the claimants—

a

is responsible for a child or a qualifying young person, or

b

satisfies regulation 9(1).

4

The determination of the maximum rate shall also not include the second adult element if—

a

neither claimant has responsibility for a child or qualifying young person, and

b

one claimant is serving a custodial sentence of more than twelve months.