Hi, my name is Hackneybob! would my wife be able to also claim LCWRA?

Hi we are a mixed age couple. My wife claims Carers Allowance for my son who is on the high rate Daily and Mobility components on Pip. My wife is on the low rate on PIP Daily and Mobility components, her conditions are Fibromyalgia, Anxiety and Arthritis in her hands. I cannot claim carers allowance for either of them because I am 73 years old. My Question is given our circumstances would my wife be able to also claim LCWRA given she claims my sons carers allowance?
Comments
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Hey there @Hackneybob and welcome to the community.
Only one person in a couple can claim LCWRA. But as long as it's only her, she'd be able to ask for a work capability assessment to get the ball rolling. Though she will need to be handing in fit notes from the doctor for three months.0 -
For LCWRA continuous Fit Notes have to be handed in until a decision is made following a Work Capability Assessment.
It's the date they are given to UC that counts, not the start date written on them.
If awarded LCWRA there is a waiting period of three full assessment periods before LCWRA is added into payment. No money is paid or subsequently owed for that period.
The clock starts from the first Fit Note and any breaks would impact the waiting period.
I'm assuming your wife gets Carers Element on the UC claim at the moment.
An LCWRA award would replace that as the same person cannot get both.
Any Transitional Protection will reduce by the difference between Carers Element & LCWRA - this is what should happen following a court case, but some are having difficulty getting this applied correctly.
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Thank you Kimi87 Thank you for your response it was most helpful. Can I also ask you if you know the following question…
At present we both are mentioned on the Carers element of UC, I'm down as caring for my wife and my Wife is down as caring for my son, I understand you can only have one caring element and my wife, if she qualifies for LCWRA, wont get the carers element as well, but as my name is down on UC caring element for caring for my Wife do you know if I will still get the caring element of UC, to make it more complicated i am 73 years old and don't qualify to get Carers Allowance.
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Thank you Aibus_Scope. Can I ask you if you know the answer to the Question I asked Kimi87 Above.
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Mixed age couples can be a complex area to give advice on, and it's not something I myself am confident doing.
I suggest contacting a trained benefits advisor.
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