Treated as having LCW or LCWRA
The rules that treat disabled pension age members of mixed-age couples as having limited capability for work or limited capability for work and work-related activity are set out in the Universal Credit Regulations 2013 (SI.No.376/2013).
NB: See below for equivalent legislation in Northern Ireland.
Treated as having LCW or LCWRA |
Schedule 8 paragraph 6 and Schedule 9 paragraph 5 of SI.No.376/2013 |
Provides for treating certain disabled claimants over pension age as having limited capability for work or limited capability for work and work-related activity, respectively. |
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In Northern Ireland, SR.No.216/2016 makes provisions that are largely equivalent to those in Great Britain.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Provides guidance on limited capability for work including for pension age claimants. |
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Advice for decision making |
Provides guidance on limited capability for work and work-related activity including for pension age claimants. |
Case law provides further interpretation of the legislation and establishes legal precedent.
We’re not aware of any case law relating to this issue.