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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Mixed age couple, New claim for UC, eligibility to LCWRA for individual over pension age

Dee
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Ebor Gardens Advice Centre

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Hi,
I am currently supporting a mixed age couple, ages 69 and 54. They currently receive State pension, carers allowance and PIP (enhanced daily living and standard mobility, pension age individual receives this) no other benefits. My question is can they claim LCWRA for the pension age individual ? I cannot find a definitive response in the Benefits Handbook.

Thanks in advance ,
Dee.

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Para.5 of Schedule 9 of the Universal Credit Regulations 2013

SCHEDULE 9
Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity

Disabled and over the age for state pension credit
5.  The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance, the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate or the daily living component of adult disability payment at the enhanced rate in accordance with regulation 5(3) of the Disability Assistance for Working Age People (Scotland) Regulations 2022

Rebecca Lough
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Welfare rights - Greenwich Council

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Just to add that even without the PIP, they can go through a WCA.

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Rebecca Lough - 24 July 2024 04:22 PM

Just to add that even without the PIP, they can go through a WCA.

Does anyone know how much of a WCA they have to go through? Should the whole form be completed even though the PIP/AA is the crucial detail? Or are they just passported into the LCWRA group on receipt of UC50 and confirmation of the passporting benefit?

TIA

Martin Williams
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I don’t think if they have the appropriate PIP award there should be a UC50 at all.

juliem
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Martin Williams - 14 October 2024 05:27 PM

I don’t think if they have the appropriate PIP award there should be a UC50 at all.

Neither did I, so when they received one, we did personal details, medical conditions and a note saying I am on AA and should be in LCWRA group, signed and returned. Not convinced it will work, but I was surprised they had been issued one at all.