13(1)  The determination of the maximum rate must include a child care element where that person, or in the case of a joint claim at least one of those persons, is incurring relevant child care charges and–

(a)is a person, not being a member of a couple, engaged in qualifying remunerative work;

(b)is a member or are members of a couple where both are engaged in qualifying remunerative work for not less than 16 hours per week; or

(c)is a member or are members of a couple where one is engaged in qualifying remunerative work for not less than 16 hours per week and the other–

(i)is incapacitated;

(ii)is an in-patient in hospital; or

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