Partner moving in and DLA or not?

Breast_Cancer_Survivor

delain wrote: »

this has been a big worry for me! At the moment he lives in a caravan and i have been very worried about the fact that he has no fixed address reflecting badly on me

Hi there, im in a similar situation to you, I have 3 children, my 14yr old son has Asperger's & attends a residential school for boys with AS. My 12 yr old son has ASD & Dyspraxia, I also have a 10 yr old daughter who thankfully doesn't appear to have any Autistic tendancies.

I unfortunately also have Asperger's myself which makes life difficult, im on Incapacity benefit, Income support & I get DLA for myself & my 2 son's.

I met a guy just before Xmas & just like your BF he comes around alot to help me out with the kids & it appears someone has phoned the DWP to say he is living with me which isn't true.

I had a visit from the Customer Compliance Team on Wednesday & was told that although he is living at his mum's house the fact he spends so much time at my house means we are considered a couple & therefore cohabiting.

The woman told me that he should either move in & I should stop claiming my Income Support or he should stop coming round so much.

I think it is rediculous that someone on benefits isn't allowed to have a relationship & why should someone ive only known for 6 months have to take on the financial responsibility not only for me but 3 kids, 2 of which are Autistic.

Im currently waiting for the Decision makers outcome but I guarentee that I will be fighting it, I will move my BF in when I am ready not just because they want to save a few quid.

Good luck with your visit but I suspect you will receive the same as me especially as your BF has no fixed address.

delain

I had always thought it went along the lines of how many nights they spent with you but clearly not...

Its all very worrying i would love to go out to work and for my partner to move in but i'm in the financial doo doo as it is! and no, i have no credit cards and i don't smoke or drink!

dookar

alwaysonthego wrote: »

If you read through the posts again then you may get a better understanding!

Okay, I just did. And no, I didn't.

This is where I'm coming from:

11015 Two people who are neither married to each other nor a civil partner of each other
must be members of the same household if they are to be treated as LTAHAW or
LTACP and thus a couple.
11016 Household is not defined in legislation. It should be given its normal everyday
meaning. It is a domestic establishment containing the essentials of home life.
1
Household and home are not the same . Household may refer to people held
2
together by a particular kind of tie, even if temporarily separated .
1 R(SB) 4/83; 2 Santos v Santos [1972] All ER 246
11017 To be members of the same household means that
1. they live in the same flat, apartment, caravan or other dwelling place and
neither normally lives in another household and
2. they both live there regularly, apart from absences necessary for employment,
to visit relatives, etc.

I'm not being difficult, but I would genuinely like to clarify this both for the OP and myself

delain

The DWP don't want us to understand! i think that's the whole point.:mad:

alwaysonthego_2

To be classed as a couple for benefit purposes the DWP look at financial situation, where the post is going to, children together, how much time is spent together, holidays and shopping etc etc.

NASA_2

delain wrote: »

The DWP don't want us to understand! i think that's the whole point.:mad:

They publish the rules in great detail. They couldnt go much further to help people understand.

dookar

alwaysonthego wrote: »

To be classed as a couple for benefit purposes the DWP look at financial situation, where the post is going to, children together, how much time is spent together, holidays and shopping etc etc.

Indeed. But it is a requirement that they actually live together. He has a separate home, am I missing that he stays over often?

alwaysonthego_2

dookar wrote: »

Indeed. But it is a requirement that they actually live together. He has a separate home, am I missing that he stays over often?

There is no requirement to live together to be classed as a couple and this can be found in the CPAG tax credits and benefits welfare book located at your local CAB if you want to check.

As the partner as no permanant adress and gets his mail sent to the op, this would raise questions.

delain

He sometimes stays over but not all the time.

dookar

alwaysonthego wrote: »

There is no requirement to live together to be classed as a couple and this can be found in the CPAG tax credits and benefits welfare book located at your local CAB if you want to check.

Check the quote in my above post. Seems to indicate such a requirement does exist.

Delain - I'm not trying to hijack your thread, I think it's important you know this and am interested myself. If you would rather I drop it let me know and I will do