How many nights is a partner allowed to stay?

[Deleted User]

emmald wrote: »

A woman from the benefits department

The cleaner?:rotfl:

hippy-chicy

It is based more on your financial links to each other and the household rather than nights stayed over. Each claim is looked at on its own merits as previously mentioned.

NASA_2

hippy-chicy wrote: »

It is based more on your financial links to each other and the household rather than nights stayed over. Each claim is looked at on its own merits as previously mentioned.

Not just financial though. Its also emotional, whether other people see you as a couple etc.

The guides themselves say there is no one determining factor.

Oldernotwiser

ESA wrote: »

Not just financial though. Its also emotional, whether other people see you as a couple etc.

I think that you're wrong on this; there's no problems with someone having a BF/GF whilst claiming, or otherwise we'd be able to slash the benefits budget!

The confusion lies with the way in which many people nowadays refer to a BF/GF as their partner, benefits aren't concerned with emotional ties but with money - in other words - Partnership.

hanny83_2

No, ESA is correct, in terms of 'Living Together' cases. If a lady on Income Support is claiming as a single mother for instance, but has her partner over 3 nights a week and there is an allegation made, there are initial enquiries we would carry out and then investigate how the couple spend their time together/how neighbours perceive their relationship etc.

Oldernotwiser

hanny83 wrote: »

No, ESA is correct, in terms of 'Living Together' cases. If a lady on Income Support is claiming as a single mother for instance, but has her partner over 3 nights a week and there is an allegation made, there are initial enquiries we would carry out and then investigate how the couple spend their time together/how neighbours perceive their relationship etc.

But that's surely because they're partially cohabiting, not because of the emotional tie? Someone could be head over heels but still at the dating stage and benefits aren't going to be interested.

NASA_2

Oldernotwiser wrote: »

I think that you're wrong on this; there's no problems with someone having a BF/GF whilst claiming, or otherwise we'd be able to slash the benefits budget!

The confusion lies with the way in which many people nowadays refer to a BF/GF as their partner, benefits aren't concerned with emotional ties but with money - in other words - Partnership.

I'm pretty certain I am right.

I had to do those interviews for a while and had to get familiar with what we were looking for. While financial partnership was one of the things there are other things aswell. I lifted the below directly from the guides:

Living together as husband and wife has its normal meaning in everyday language but the courts and administrative practice have developed a number of criteria to help apply that meaning to situations that may occur. When all of these criteria have been examined, the question as a whole still needs to be answered; do this man and woman live together as husband and wife.

These criteria are: -

<LI class=filledcircle>

Live in the same household. <LI class=filledcircle>Stability of relationship <LI class=filledcircle>Financial support <LI class=filledcircle>Sexual relationship <LI class=filledcircle>Dependent children
[*]Public acknowledgement. In both post and pre-award cases no single point can decide the question of living together as husband and wife. It is essential to have as much information as possible on all of the points to consider them as a whole. Remember that in pre-award cases the onus is on the applicant to prove that the conditions of entitlement have been satisfied.

hanny83_2

Hmmm yes I understand what you mean and it is a difficult one. If they have just begun a relationship then it's unlikely anyone would report them as the partner wouldn't have been staying over long enough. If there was a referral from the public and this was the situation it would probably just go to compliance who would go round and explain change of circs and when they must be reported to the department.

NASA_2

Oldernotwiser wrote: »

But that's surely because they're partially cohabiting, not because of the emotional tie? Someone could be head over heels but still at the dating stage and benefits aren't going to be interested.

They are, once the allegation is made, then its decided on the balance of probabilites. For one thing - it has to be established when the person did start staying over three nights a week, how long they see it staying that way, if they plan to marry etc.

Everything is taken into account.

If they live seperately but there is financial support then it could possible be taken as other income, depending on what the money is for, if its a formal arrangement and so on.

NASA_2

Here is another part that might be of relevance given the question of 'how many nights before we have to declare it':

http://www.hmrc.gov.uk/manuals/acgmanual/ACG09022.htm