mixed aged couples and WCA in UC

From May we will probably have to remind UC that partners over pension age on AA, DLA high care, and PIP enhanced DL are treated as having LCWRA so should get paid the element without a WCA:

Schedule 9, UC regs:

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.

CPAG page 1011

Vonny - 20 March 2019 09:54 AM

From May we will probably have to remind UC that partners over pension age on AA, DLA high care, and PIP enhanced DL are treated as having LCWRA so should get paid the element without a WCA:

Schedule 9, UC regs:

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.

CPAG page 1011

Thanks Vonny.

This does throw up some anomolies. Why does either rate of AA enable someone to be treated as having LCWRA but not the equivalent rate of DLA or PIP for example?

We’ve also spotted that the ADM is incorrect here and doesn’t mention AA.

Claimant disabled and over State Pension Credit age

G3030   A claimant is treated as having LCWRA where
1 they have reached the qualifying age for SPC, and
2.1 are entitled to the highest rate care component of DLA or
2.2 enhanced rate daily living component of PIP.

Chapter G3: Limited capability for work and work–related activity

Paul_Treloar_AgeUK - 25 March 2019 12:40 PM

This does throw up some anomolies. Why does either rate of AA enable someone to be treated as having LCWRA but not the equivalent rate of DLA or PIP for example?

I’ve noticed this before.
There is another similar anomaly: the disabled person condition that allows an extra bedroom requires middle or highest rate DLA, or either rate of PIP, but requires higher rate AA. (This anomaly exists in HB too.)

Another anomaly is the justification for getting rid of the limited capability for work element was “new funding for additional support to help claimants return to work”
Do you think they forgot that it would eventually affect pension age UC claimants?