WCA over pension age

If someone is over pension age in a mixed age couple and they are still in work, does the rule that they cannot have a WCA unless working under 16 hours or being in receipt of a qualifying disability benefit, still apply? (ie someone who would be in the no work-related activity group but does not receive a disability benefit).

Thank you

I can’t see anything on the face of Reg.41 as to why those restrictions wouldn’t apply to someone over SPA if they’re also working.

However, if you had someone over SPA who was in receipt of EDL PIP (or AA or HRDLC DLA), then under para.5 of Schedule 9, then they can be treated as having LCWRA regardless.

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

Thanks for confirming that Paul.