Ok this is what I have found out after messing around.
1. If you play split screen just before you try to live stream it will give you the "age restriction"
2. If your account is on the second player controller it will give you the "age restriction"
So here are some possible solutions,
Unplug any extra controllers. (Or pull the battery out of them if they are wireless) Theb restart your console.
Then once you sign back in live streaming should be available.
Hope this helps some people out.