benefit advice

clarityjane · 7 January 2010 at 7:23PM

I was wondering how many nights a week my partner is aloud to sleep at my house. I am on income support but take no money or help with bills from him. I would like him to stay every night, as he makes me feel safe but don't no how that will fare with benefits point of view, his circumstances are he lives with his parents, he is self employed in a new business venture that is not making any profit at the moment which will take time before it does so should any of this mean I would be commiting benefit fraud if he was to stay with no financial connection, as I have noticed on other posts there is no limits to the amount of nights, and some say 3 nights. Please help? other details are listed below about my situation and please don't judge as i only require an answer.

I was victim to domestic abuse on a regular basis for the duration of my last relationship, and after leaving him 18month ago was always recieving abusive calls and him kicking on the door a lot etc. At around 9 months ago I met my new boyfriend which we are taking slow after what I have been through, but he makes me feel safe and since he has been around I don't worry about my ex no more.

alwaysonthego_2 · 7 January 2010 at 7:26PM

Benefit law does not state any set number of nights, you are best checking with the DWP to cover yourself.

healy · 7 January 2010 at 7:27PM

clarityjane wrote: »

I was wondering how many nights a week my partner is aloud to sleep at my house. I am on income support but take no money or help with bills from him. I would like him to stay every night, as he makes me feel safe but don't no how that will fare with benefits point of view, his circumstances are he lives with his parents, he is self employed in a new business venture that is not making any profit at the moment which will take time before it does so should any of this mean I would be commiting benefit fraud if he was to stay with no financial connection, as I have noticed on other posts there is no limits to the amount of nights, and some say 3 nights. Please help? other details are listed below about my situation and please don't judge as i only require an answer.

I was victim to domestic abuse on a regular basis for the duration of my last relationship, and after leaving him 18month ago was always recieving abusive calls and him kicking on the door a lot etc. At around 9 months ago I met my new boyfriend which we are taking slow after what I have been through, but he makes me feel safe and since he has been around I don't worry about my ex no more.

There is no set number of nights he can stay, each case is judged on its own merits.

oldmotherreilly · 7 January 2010 at 7:30PM

I don't believe that there is a set number of nights that he could stay at your house before he is classified as a 'partner' but I would imagine that if he were to stay with you every night that he would then be classed as such as he would, to all intents and purposes be living with you. I can appreciate that you feel more secure when he is with you but fear that you would lose your entitlement to Income Support and as he is in full time employment you would not be entitled to JSA, even if he is not earning much money at the moment. You would at this point be able to claim Working Tax Credits though.

Vixie_Pixie · 7 January 2010 at 7:40PM

Its a myth that a partner is allowed to stay for 3 nights a week before being classed as living with you - theres nothing specific in the benefits rules. Each case is assessed on its own merits.

However if his main residence is his parents house and you do not run your household together - i.e you don't shop together (like the weekly food shop), don't share finances etc.. and his mail, business and finance is all based at his parent's address and he is on the electoral register is at his parents then his main home will be classed as his parents.

If he starts contributing to your household financially and he starts to have his mail and stuff sent to your address then you will be classed as living together and if things are to become more permanent then you would have to declare this to the DWP.

But as alwaysonthego says - double check with the DWP

benefit advice

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