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

LCW/RA for mixed age couples

unhindered by talent
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Prior to last week, a mixed age couple on IRESA would have to claim UC prior to the oldest member reaching state pension age in order to retain LCW/RA as it’s not retained if the UC claim is made after state pension age. Regulation 19 of the UC Transitional Provisions Regs 2014 only applies where the claimant was entitled to ESA on the day they claimed UC

Does anyone know if that’s still the case now that there’s a run-on of IRESA for 2 weeks after a UC claim, given that you would be being paid ESA on the day you claimed UC even though you were pension age?

Paul_Treloar_AgeUK
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Good question and one I don’t know the answer to. I’ll need to check the run-on regulations.

Daphne
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But you won’t get the run-on unless you claim UC when still on ESA - so you still need to apply before you hit pension age I believe

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Daphne - 30 July 2020 01:27 PM

But you won’t get the run-on unless you claim UC when still on ESA - so you still need to apply before you hit pension age I believe

Good point - if no UC claim, ESA would stop on pension age so no run-on on state pension age day

Paul_Treloar_AgeUK
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Daphne - 30 July 2020 01:27 PM

But you won’t get the run-on unless you claim UC when still on ESA - so you still need to apply before you hit pension age I believe

Good point Daphne