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.
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F44
The determination of the maximum rate shall F3... not include the second adult element if neither claimant has responsibility for a child or qualifying young person, and
a
one claimant is serving a custodial sentence of more than twelve months, or
b
one claimant is subject to immigration control within the meaning of F2section 115(9) of the Immigration and Asylum Act 1999.
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Paragraph (4)(b) does not apply where the claimant subject to immigration control is a person to whom Case 4 of regulation 3(1) of the Tax Credits (Immigration) Regulations 2003 applies.