living with me but not partner

cheepskate_2

boobless wrote:

hi everyone
thanks for your advice.

my sisters house (council) had already been handed down twice and as they were not married he had no rights of succession, her son was 13 at the time his mum died and social services suggested to place him in LA care (not an option), her partner tried for council accomadation but they said as he had never been a tenant and worked with a fairly good wage, he should find private premises, i dont receive any housing benefit as i own my home.

I may be incorrect, but i read somewhere that if you had been regestered as part of the household for 1 year then it would be able to be swopped over, i would get legal advice , even from c.a and make sure they did not put him out incorrectly

boobless

hi cheepskate

yes we did get CAB advice, they looked into it and agreed with council, he had no rights to take over tenancy, even though he was on electrol roll and everything else, it was only my sister on tenancy agreement, and he was classed as a lodger, it was a three bed house, (which had been our family home for 47 years) part of their case was it was not their policy to allow 2 people to live in a property that could house 6/7, as a note the house is now occupied by a group of people and is called a young offenders rehabilitation property (they are all tagged?).

Natalie99

Hi Boobless,

Sorry for the delay in replying. Ringing up and advising them of the situation will not have any affect on your benefit. Legally I.S are not allowed to suspend your benefit over a 'suspicion' of living together as a couple, they have to go through all the correct procedures i.e as in my previous post, visit or interview and then make a decision.

Hope this clarifies things for you, any more questions, ask away.

boobless

hi natalie

thanks for reply.

i am finding this all so distressing,

i did pluck up courage and ring them on thursday, and felt as though i had opened a hornets nest - according to them they were in the process of speaking to me because the council tax people had informed them that i was living with someone, i fully expected them to say it was 'BIL' they then asked me for the date that (my sisters name) moved in, i tried to explain and also contacted the council, who asked me to supply her death cert, which i did again straight away, and they said the confusion occured because i was down as ending her tenancy and it was assumed she now lived with me???after i had already given them death cert and paid her rent arrears while she was in hospital (2 weeks) the council are ok now but the IS have arranged to interview me at my home this week, they also want certficates etc. and 'BIL' bank statement? passport?, surely i cant be expected to supply them with his personal things and i dont think i could be rude enough to ask him - i suppose i am in a real mess now, i am so low and confused, i try to explain to boy that BIL may not be able to stay and he feels everyone is leaving him now. i could cry forever i think, wish i had kept quiet instead of trying to do things properly.

sorry for the grumble.

barjam_2

hi boobless (love ya name by the way) i'm really sorry to hear your story i cant begin to imagine what you feel like right now , you have now rang i s at the end of the day the way i see it if they know your bil is planning on living with you unless they can prove that you are living together as partners (which obviously you aren't) they shouldn be able to do anything, but i have heard from people that even if you share the same cutlery or even share a meal they could accuse you of that !!! i hope someone please tells me that info is wrong

i hope you get everything sorted for yourself your nephew and your bil

boobless

hi barjam

boobless is my idea of defiance - never said that i to as well as my sister suffered breast cancer, mine sucessfully treated so far with a mastectomy (hence boobless) and chemo, sadly though sister lost the battle. we were diagnosed within 6 weeks of each other, more stress on nephew as he knows i had the same as his mum and will the same happen? there but for the grace of god go i :A :grouphug:

barjam_2

boobless wrote:

hi barjam

boobless is my idea of defiance - never said that i to as well as my sister suffered breast cancer, mine sucessfully treated so far with a mastectomy (hence boobless) and chemo, sadly though sister lost the battle. we were diagnosed within 6 weeks of each other, more stress on nephew as he knows i had the same as his mum and will the same happen? there but for the grace of god go i :A :grouphug:

good on ya girl:T :T :T :T i'm now in tears, dont let a silly little thing like the dwp get you down, you have fought bigger battles and i think i'll probably speak for everyone on here :grouphug:

Dumyat

boobless, what an awful situation. I dispair sometimes that common sense couldnt be applied. you and your family have been through enough. why cant authorities be there to help not make matters worse.

peter999

Sound's like your sister's partner is not yet living with you.

I'm not sure why council are interviewing regarding him.

Unfortunately you need to be careful dealing with benefits system & saying too much, as things can be misinterpreted & create a hornet's nest of problems !!

Also the worrying, questions, phone calls, official letters beforehand can be worse than the reality, that's the way it is.
I have usually found people administering benefits system are pretty good.

If he is not living with you, explain the situation clearly & it should be ok.
Don't try to provide evidence regarding people/events that are not involved or correct.

boobless

hi all

thank you for your immense support it is so heartening to realise that people do care.

in reply to peter999, it is the IS people not the council who have asked to see BIL info, he does not live with me at the present i wanted to get all this sorted before i made a definite decision, i rang them again this morning and they said it would be to help establish income into the household, i did reiterate that it would not be my income and was brushed off with "they will explain the possible outcome of any changes i may be making" on their informal visit.

i think because i am getting myself in a state with questions i cant answer, i do get in a muddle and now worry myself silly i could say the wrong thing, although 100% i have nothing to hide. forget council said about tax that after he moves in ring them about 2nd adult something, BIL suggested paying full CT to avoid any confusion.

still dizzy.