Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Mixed age couple, award of disabiliity benefit gives LCWRA in UC?

bristol_1
forum member

WRAMAS Bristol City Council

Send message

Total Posts: 87

Joined: 7 September 2015

Hi.
I was interested to read this in a CA article -
“If the partner over pension age is entitled to the highest rate of disability living allowance care component, the enhanced rate of PIP daily living component or attendance allowance they are automatically treated as having LCWRA. The LCWRA element should then be payable in the UC claim from the fourth UC assessment period.”

https://medium.com/adviser/mixed-age-couples-and-universal-credit-da87e4f53e83

but can’t find where in the Regs it’s from. Any ideas? It’s not in CPAG WBH that I can find either.
I have MAC just about to claim UC and their entitlement is currently looking really low (about £6!), but the older partner’s just put in for AA so this will bump them up hugely if successful. It’s worth them claiming UC as they are bedroom taxed and neither partner working although the younger one hopes to get some part time work/claim CA.

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 440

Joined: 27 February 2019

See Paragraph 5 of Schedule 9 to the UC Regs, and p1007 of CPAG WBH.

bristol_1
forum member

WRAMAS Bristol City Council

Send message

Total Posts: 87

Joined: 7 September 2015

Ah OK! Completely missed it.

Thanks very much :-)

Emma B-G
forum member

Welfare benefits adviser - Hertfordshire County Council Money Advice Unit

Send message

Total Posts: 41

Joined: 16 June 2010

It seems inconsistent that this passporting applies to either rate of attendance allowance, but only the highest rate of DLA care!

So if I understand correctly, that means that a claimant over pension age who is getting DLA middle care only, and doesn’t have night-time needs that would enable them to move to DLA high rate care, could be better off if they switch from DLA to AA. Or you may have a situation where someone who is approaching pension age will be better off if they wait and claim AA, rather than applying for PIP before they reach pension age.

This could make better off calculations a lot more complicated if it looks like the claimant may not qualify for LCWRA by other routes.

Ianb
forum member

Macmillan benefits team, Citizens Advice Bristol

Send message

Total Posts: 198

Joined: 24 November 2017

Curious to note that although Paragraph 5 of Schedule 9 says

“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
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.”

the ADM omits reference to AA

“G3030 A claimant is treated as having LCWRA where they
1. have reached the qualifying age for SPC2 (see DMG Chapter 77) and
2. are entitled to the
2.1 highest rate care component of DLA or
2.2 enhanced rate daily living component of PIP.”

Not going to help the decision making process.

CHAC Adviser
forum member

Caseworker - CHAC, Middlesbrough

Send message

Total Posts: 72

Joined: 14 September 2017

I assume if you have someone in a MAC who is over pension age but doesn’t hit the qualifying criteria for an automatic award of LCWRA (in the case I’m thinking of they only have PIP SDL) that you could still ask for a WCA to determine if they meet the LCWRA criteria?

Ianb
forum member

Macmillan benefits team, Citizens Advice Bristol

Send message

Total Posts: 198

Joined: 24 November 2017

CHAC Adviser - 04 November 2019 11:02 AM

I assume if you have someone in a MAC who is over pension age but doesn’t hit the qualifying criteria for an automatic award of LCWRA (in the case I’m thinking of they only have PIP SDL) that you could still ask for a WCA to determine if they meet the LCWRA criteria?

Yes you can.

CHAC Adviser
forum member

Caseworker - CHAC, Middlesbrough

Send message

Total Posts: 72

Joined: 14 September 2017

Ianb - 04 November 2019 11:26 AM
CHAC Adviser - 04 November 2019 11:02 AM

I assume if you have someone in a MAC who is over pension age but doesn’t hit the qualifying criteria for an automatic award of LCWRA (in the case I’m thinking of they only have PIP SDL) that you could still ask for a WCA to determine if they meet the LCWRA criteria?

Yes you can.

Excellent, thank you!