4.—(1) For regulation 11(4) (second adult element) substitute—
“(4) The determination of the maximum rate shall also 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 section 115(9)(a) of the Immigration and Asylum Act 1999(1).”