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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC and mixed age couples

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Hi guys,

I just wanted to check something (doesn’t often come up for me)
With regards to a mixed age couple claiming UC - rather than the older person claiming pension credit can they claim LCWRA element for him.  I know the benefit is more for working people but I do remember seeing somewhere that that eh older person in a mixed age couple claiming UC can have it but I cannot for the life of me find it anywhere now and am wondering if I am misremembering.

Any help greatly appreciated as usual.

fraz
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Perth CAB

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The member of the couple who is of state retirement age can under go the work capability assessment (WCA) to determine LCW or LCWRA.

They will automictically have LCWRA if over state retirement age and in receipt of Attendance Allowance, Personal Independence Payment (PIP) with the ‘enhanced daily living component’ or Disability Living Allowance (DLA) with the ‘highest rate care component’

They’ll be awarded LCW automatically if they have PIP, but not the enhanced daily living component or DLA, but not the highest rate care component. Can go through the WCA to increase to LCWRA.

Daphne
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If pension age person gets AA, high rate care DLA or enhanced daily living PIP they automatically are treated as having LCWRA - schedule 9 para 5 - https://www.legislation.gov.uk/uksi/2013/376/schedule/9

If they don’t get a disability benefit at the correct rate then I guess they have to ask to be referred for a WCA - but would need fitnote I think to kickstart it - but I haven’t any knowledge of that in practice - someone else might

Rachel1
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North East Law Centre, Newcastle upon Tyne

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fraz - 08 December 2021 12:03 PM

The member of the couple who is of state retirement age can under go the work capability assessment (WCA) to determine LCW or LCWRA.

They will automictically have LCWRA if over state retirement age and in receipt of Attendance Allowance, Personal Independence Payment (PIP) with the ‘enhanced daily living component’ or Disability Living Allowance (DLA) with the ‘highest rate care component’

They’ll be awarded LCW automatically if they have PIP, but not the enhanced daily living component or DLA, but not the highest rate care component. Can go through the WCA to increase to LCWRA.

Thank you so much!

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 145

Joined: 9 October 2019

Daphne - 08 December 2021 12:03 PM

If pension age person gets AA, high rate care DLA or enhanced daily living PIP they automatically are treated as having LCWRA - schedule 9 para 5 - https://www.legislation.gov.uk/uksi/2013/376/schedule/9

If they don’t get a disability benefit at the correct rate then I guess they have to ask to be referred for a WCA - but would need fitnote I think to kickstart it - but I haven’t any knowledge of that in practice - someone else might

Ah thank you so much for the legislation link.  I advised the client several weeks ago after finding the information, stupidly didn’t make a note of the info and because the work coach said the client couldn’t get it because he wasn’t working age I doubted myself.  He is in a mixed age couple, over pension age and getting attendance allowance.  Thanks again!

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Rachel1 - 08 December 2021 04:06 PM

... because the work coach said the client couldn’t get it because he wasn’t working age ...

I despair. Inadequate training and apparently a complete lack of will to read their own guidance.