Can I claim any benifits

calcotti

Rubyroobs said:

Or I think if state retirement age and in receipt of a disability benefit they may be awarded LCWRA  but it does depend on the rate of PIP or DLA as to whether this is automatically awarded. In fact I think recently I had a client who was over state retirement age and waiting to be assessed for Attendance allowance and was still sent a UC50 work capability assessment form when he requested it ??

See

G2080 A claimant is treated as having LCW where they 
1 have reached the qualifying age for SPC and
2 are entitled to
2.1 DLA or 
2.2 PIP.

And

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

An interesting point for LCWRA is that the bar is effectively set lower for those on AA. It may be appropriate to do WCA for someone over pension age if they are not automatically entitled to LCWRA by clause G3030 (or any of the other automatic entitlements).