| This is relevant to Mixed Aged Couples on UC i.e. where one member is working age, and their partner is State Pension age (age 66 or over). The UC Regulations state that a State Pension age claimant getting one of these benefits: Attendance Allowance / Scottish Pension Age Disability Payment enhanced rate daily living PIP / Scottish Adult Disability Payment high rate care DLA Constant Attendance Allowance, Armed Forces Independence Payment should be treated as having a LCWRA – there is no need for them to have a medical. This means that their UC award should:include a LCWRA Element (worth £416.19 a month), anda work allowance – if they or their partner are working. But they will need to serve the three month ‘relevant period’ before the LCWRA Element can be included in their UC award (unless they fall under the special rules for end of life/terminal illness). The UC Regulations (Reg 28) say that the relevant period starts when medical evidence is provided. Anecdotally, we have heard that the DWP are not requesting fit notes for the State Pension age member of a Mixed Age Couple who is getting one of these benefits. To be on the safe side, we would still recommend that a fit note is obtained – because if the LCWRA Element is not included after the relevant period, any challenge to that decision would rely on the UC Regulations. |
