Mixed age couple UC claim

Rubyroobs

Please can anyone knowledgeable advise the best way to proceed. 
Mixed age couple - husband 20+ years older than wife. have been told they don't qualify for Uc due to her earnings and his state pension ( which is low). They will qualify if he gets the LCWRA element awarded, AA is awarded and wife can get carers element. I know this will be added if he gets AA awarded and we are just about to claim this. However, there is still a 3 month wait period for the LCWRA to be paid. AA takes around 8-9 weeks. Would it be best to start a UC claim now, apply for AA and when it is ( hopefully ) awarded, will the 8 weeks of waiting count towards the 3 month wait period ? Or best for the husband to hand in fit notes now and request a UC50 be sent. Sorry I'm a bit confused on the best way to get some help for them asap. Thanks in anticipation.

huckster

Presume aware of the guidance under 3030 ?

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866944/admg3.pdf#page=6

G3030 A claimant is treated as having LCWRA where1

 they

1. have reached the qualifying age for SPC2

 (see DMG Chapter 77) and

2. are entitled to

2.1 AA3

2.2 the highest rate care component of DLA4or

2.3 the enhanced rate daily living component of PIP5

.

1 UC Regs, Sch 9, para 5; 2 SPC Act 02, s 1(6); 3 SS CB Act 92, s 64; 4 s 72(4)(a); 5 WR Act 12, s 78(2)

When you say don't qualify for UC, you mean they would get zero payment due to earnings and pension ?

I would say claim UC, put in AA claim and wait for AA award to be determined. Don't need fit notes as over state pension age, so will be in no work related requirements anyway.

Rubyroobs

Thanks Huckster.
Just as a back up though if AA not awarded, could the person of state pension age still be assessed for LCWRA ? I know they have no work commitments if over SRA but can they still be assessed for LCWRA if AA not awarded ? Would they not need to hand in sick notes in case AA not awarded?

Rubyroobs

And yes i meant they would receive a zero award currently due to wife's earnings and state pension, but if the husband was awarded LCWRA then wife would get a work allowance, so would qualify then. Sorry I appreciate I didn't explain it as well s I could.  

NedS

Given cpag have a template for judicial review for refusal to carry out a WCA as over State Pension Age, I would say it is unlikely DWP will refer for a WCA:

https://cpag.org.uk/file/6469/download?token=zpf5uIa-

I agree the easiest route is to apply for AA and then then request backdated LCWRA if successful. In the meantime, keep an eye out that the claim is not auto-closed after 6 APs as nilled by earnings. Hopefully you should have your AA outcome by then.

You should be able to have the LCWRA backdated to the start of the AA award (you will need to request this and a DM will make a decision on it), thus any wait for the AA can form part of the 3 month relevant period for LCWRA.

Rubyroobs

NedS said:

Given cpag have a template for judicial review for refusal to carry out a WCA as over State Pension Age, I would say it is unlikely DWP will refer for a WCA:

https://cpag.org.uk/file/6469/download?token=zpf5uIa-

I agree the easiest route is to apply for AA and then then request backdated LCWRA if successful. In the meantime, keep an eye out that the claim is not auto-closed after 6 APs as nilled by earnings. Hopefully you should have your AA outcome by then.

You should be able to have the LCWRA backdated to the start of the AA award (you will need to request this and a DM will make a decision on it), thus any wait for the AA can form part of the 3 month relevant period for LCWRA.

Thank you Ned. This is really helpful.

Newcad

Rubyroobs said:

And yes i meant they would receive a zero award currently due to wife's earnings and state pension, but if the husband was awarded LCWRA then wife would get a work allowance, so would qualify then. Sorry I appreciate I didn't explain it as well s I could.  

NedS said:

In the meantime, keep an eye out that the claim is not auto-closed after 6 APs as nilled by earnings.

One of the advisors on Rightsnet has given a form of wording to put on the clients UC journal to prevent the UC claim being closed in these 'only entitled if LCWRA' circumstances.
They say that it has been successful whenever they have used it to keep the UC claim open until a WCA can be carried out and the decision made.

https://www.rightsnet.org.uk/forums/viewthread/18763/#88814

Rubyroobs

Newcad said:

Rubyroobs said:

And yes i meant they would receive a zero award currently due to wife's earnings and state pension, but if the husband was awarded LCWRA then wife would get a work allowance, so would qualify then. Sorry I appreciate I didn't explain it as well s I could.  

NedS said:

In the meantime, keep an eye out that the claim is not auto-closed after 6 APs as nilled by earnings.

One of the advisors on Rightsnet has given a form of wording to put on the clients UC journal to prevent the UC claim being closed in these 'only entitled if LCWRA' circumstances.
They say that it has been successful whenever they have used it to keep the UC claim open until a WCA can be carried out and the decision made.

https://www.rightsnet.org.uk/forums/viewthread/18763/#88814

Thanks, that is helpful. Not sure I could use that exact working in this case though as sick notes would not be submitted, I would just be waiting for the AA outcome for LCWRA to be awarded as a WCA won't be carried out. I guess I would just ask to keep the claim open until the outcome of the AA application was known. Will have a look to see if any regs relating to that. Thanks you.