Appendix Q on repayment ability at consummation states that if the application or records considered at or before consummation indicate there will be a change in a consumer’s repayment ability after consummation (for example, if a consumer’s application states that the consumer plans to retire within 12 months without obtaining new employment or that the consumer will transition from full-time to part-time employment), we must consider that information under the rule.

How do you plan to document whether the income will continue for the first 3 years of the loan? We can't discriminate based on age so how to do you ask about plans to retire and avoid the age issue?

You ask everyone whether or not they have any plans within the next three years that may impact their income.

This item is specifically covered in the most recent update from the CFPB. See page 75 the discussion starts there.