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.