On benefits & living as partners/moving in with partner.

Fran · 10 October 2005 at 1:32PM

Co-habitation and benefits fraud

Single mum with boyfriend moving in

Classed as living together

Council claim we are living together when we are not

Turned down for JSA cos "we are living together as partners"

Savvy_Sue · 10 October 2005 at 1:49PM

Is this a stickie? I think maybe it should be ...

Ah! I see from a later post you're intending to add it to FAQs - feel free to delete this in due course!

Ted_Hutchinson · 22 October 2005 at 12:08PM

HB/CTB A16/2005 Civil Partnerships – impact on HB/CTB

This is the guidance HB/CTB Decision Makers will be using in regard to the changes in the legislation which come into force from December 5th 2005.
The benefits covered include HB and CTB,and the leaflet warns people that if they fail to inform their local authority that they have formed a civil partnership or are living together as civil partners it could mean that HB/CTB is overpaid and that they may be asked to repay it.

Size criteria
19 At present, a same sex couple, living in the PRS, are treated as two single people and therefore eligible for a bedroom each. Under the new rules, same sex couples will, as with opposite sex couples, be eligible for only one bedroom. Therefore, it may be that some same sex couples are living in larger properties than the size criteria will permit. In such cases HB could reduce because of changes to their applicable amount/joint income and because of the size criteria restrictions.

Tenancies
21 There may be some cases where two people of the same sex are joint
tenants or have separate tenancy agreements within the same property and separate HB claims. A decision that they are a couple for HB/CTB purposes would result in one HB claim. This won’t affect the total amount of rent, but it could result in a loss of benefit because their applicable amount may decrease and their size criteria go down, as it does now for opposite sex couples in the same position. In such cases, you could consider Discretionary Housing Payments, but this would of course be entirely a matter for the LA to decide.
Minimum notice
22 There may well be some cases where two people of the same sex have
signed up to a fixed term lease, and are then subject to a decision that the
are a couple for HB/CTB purposes with an inescapable period of the lease
and rent commitment left to run. This will involve a loss of benefit, as it does now for opposite sex couples in the same position. Again, in such cases, you could consider Discretionary Housing Payments

The above sections are those which I think may cause people problems. But I've only just skimmed through it.

Ted_Hutchinson · 22 October 2005 at 12:41PM

ntil 5 December 2005, same-sex couples must make single claims. On that date, because they become ‘couples’ for tax credits purposes by operation of law, they are no longer entitled to make single claims.

This means that any extant single claims made by members of same-sex couples cease automatically on 5 December 2005, and no more single claims may be made by members of same-sex couples. However, those who wish to claim as a couple may then do so
This advice implies to me that the Inland Revenue intend to take a much tougher line than the DWP.

On benefits & living as partners/moving in with partner.

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