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Benefits All Stopped Retrospectively

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Comments

  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    edited 3 December 2010 at 9:57AM
    dktreesea wrote: »
    now?



    One thing is for sure - if the situation had been reversed, i.e. you were the woman staying over and it was your boyfriend who had his housing benefit suspended, there would be outrage that a woman was expected to support a man and pay his rent for him when she had her own home and just stayed with him from time to time.

    Not really. Happens all the time to either sex. The fact is if you claim benefits and claim to be a single person but are living as if you are in a long term commited relationship hen you may have to answer questions. And from previous posts by the OP this appears to be a same sex relationship.

    As for the comment about not investing sufficently in education?! Seems you have an axe to grind with the DWP and Government. I'm sure that the Government could throw money hand over fist to education but it's up to the person whether they want to succeed. 2 good examples of this are Lord Alan Sugar and Richard Branson. I think we are extremely fortunate in this country to receive 11 years of free education.
  • Loopy_Girl
    Loopy_Girl Posts: 4,444 Forumite
    edited 3 December 2010 at 9:58AM
    dktreesea wrote: »
    Why should anyone take on the responsibility for someone else's rent just because they stay over from time to time?

    It's hardly 'time to time'...by her own admission she spends over half the week with her at her house and the rest of the time in the OP's house

    Hardly an occassional Saturday night here and there is it?
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    mmm, it does sound to me that the only real benefit of you staying apart is the financial benefits you were gaining from it rather than it being better for her mental health. You say that she needs a lot of care and that's why you need to spend a lot of time with her. You say that she spends 2 to 3 nights at yours already. Her daughter is in foster care because she currently can't cope. To me, it sounds like what would benefit her the most is to be living with you full-time with your support. She can transfer her mental health team with the two teams talking to each other and arranging the transfer. You say you are also under your local care, so you know them.

    The truth is, couples have a lot to benefit from having seperate homes when one claims benefits as a single parent (by the way, would she still be entitled anyway if her daughter is in care?) but it still doesn't make it right. Why should official couples struggle financially because they are entitled to no support living together, whilst others are much better off financially because they play the rules and make sure it can't be proven they are a couple?
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    My girlfriend was called in for an interview for a benefit query and attended with her CPN at the JobCentre
    The CPN should be assisting your GF to sort this out. They have responsibility for ensuring all the domains of their patients life are as good as can be acheived. She needs to contact the CPN as a matter of urgency.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    You need to get on the phone to your local CAB and see a welfare benefits specialist (they can be found in your local law centre too).

    They can then appeal the decision because she will only have a limited time in which to do so, and they can guide you through the process. They will fill out all the forms for you and collate any evidence which is needed and will be able to access adviser only hotlines which you will not have access to.

    You also need to see if you can apply for a hardship payment whilst this is going on - that will at least give her some money coming into the household, and she can also apply for discretaionary housing payments to cover the rent. Has she stopped any child benefit or child tax credits whilst her daughter is in foster care? She needs to let them know or she will be getting an overpayment.

    Being honest from what you have said you need to get the mental health team to get her specialist help (the CPN wont have enough knowledge to appeal this) and push for an emergency appointment to get the ball rolling. Patently you can show that you have a different house and that you live elsewhere, so you need to show that her care needs have increased considerably and that there were not services in place currently so you have had to step in. The downside is it is unlikely to be sorted before Christmas, so it wont be quick, but hopefully you can sort out some sort of payments.

    Good luck
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • mitch161
    mitch161 Posts: 271 Forumite
    edited 5 December 2010 at 1:15AM
    the living together is not a set of facts and figures, its a decision based on what has been said.

    you 2 have been in a relationship for a year, you say its too expensive to travel to just drop in for a few hours in the evening, so some nights you sleep with her and some nights she sleeps with you..

    living is not based on financial support as much as you think, its more about who sleeps where with whom.
    if you two spent the evening together, had a bit of flirty frollicking untill 11pm and then you went home then this is fine.
    but saying "due to health she cant be left alone" is a BIG NEON sign saying she is never alone.
    its not about the facts its about how it is heard and interpretted.

    if u said that monday-wednesday of each week she has no care support over night so some weeks she is at your monday-wednesday and someweeks your at hers monday-wednesday.

    this is more helpful as showing that your a care giver and not living there.

    there have been cases where just buying a GF one night of groceries to share the night classes as living together.

    be honest. and make the decision for her to have a overnight carer and u just visit during the day. or move in and get a joint claim

    i know the benefits are paying the interest atleast on your mortgage but it might be worth selling your home and using the money on the move, and to cover extra costs of living together.

    i know its difficult to say with your girlfriends situation. but its not right for you to want to keep a multi £100k asset (your house) while being on benefits.

    benefits are for those that need it. you have £100k's of money around you. make a discision. money or girl friends health.

    if i truly was inlove i would sell the house move into her house as thats where she is comfortable, or even seek advice from the council for a new house with spare room for her daughter. and live off your assets.

    if its not a relationship you can see turning into marriage then get her some night support to look after her.. and just spend th day time having romantic fun.

    you cant have all of your dreams while on benefits its not fair on the others who have to live on just one benefit.

    if she has trouble leaving home (agerophobia) she shouldnt be claiming jobseekers or any allowance about getting into work. as she cant look for work or actually work if she cant leave home.

    something just seems very suspect about this.. i think a few exadurations about her health and a few avoidances of the truth about living together and relationship status.

    you will be found out.

    i might be totally wrong here. but what i have read from your posts i would have come to the same conclusion that you are living together. if it was a fresh relationship of 2 months then a couple days here and there are ok .. but after a year its deemed as more serious (common law marriage ish) especially with hints on she never alone and more recently spending more and more time together.

    separate finances dont help prove where you sleep they just show that you both can afford separate houses so someone is on too much income. you may say you only there for 2 nights a week/fortnight but secretly your there 7 nights aweek by the admission of she cannot be left alone.

    show proof of other carers, family, friends supporting her overnight. thats one thing to do in your favour
    her health should be number one.. your health aswell.. money (your asset) should be last.

    move in with her and claim as a couple /live off house profits. or get her an overnight carer and have a daylight relationship..

    romance doesnt have to exist just at night
  • calleyw
    calleyw Posts: 9,896 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    mitch161 wrote: »
    (common law marriage ish)

    Why do people keep the myth of common law marriage alive.

    Does not exist, has not existed since 1753 in England.

    The DWP look at to see if you living together as man and wife. In other words cohabiting.

    Yours

    Calley
    Hope for everything and expect nothing!!!

    Good enough is almost always good enough -Prof Barry Schwartz

    If it scares you, it might be a good thing to try -Seth Godin
  • purple12
    purple12 Posts: 304 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Errata wrote: »
    The CPN should be assisting your GF to sort this out. They have responsibility for ensuring all the domains of their patients life are as good as can be acheived. She needs to contact the CPN as a matter of urgency.

    Absolutely agree. I work in a CMHT and this is the kind of thing I'd expect to deal with. Have you had a carers' assessment as well? (nothing to do with carers allowance but as regards support that can be provided for you - perhaps through a direct payment). Ask for one - at least it will be an acknowledgement of your role. Use the services that are there to provide support, advice and assistance in particular circumstances. The mental health professionals should be able to assist with speaking to the DWP about special circumstances with fluctuating conditions that may need more support one week and less the next.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    mitch161 wrote: »
    i know its difficult to say with your girlfriends situation. but its not right for you to want to keep a multi £100k asset (your house) while being on benefits.
    benefits are for those that need it. you have £100k's of money around you.

    Utter rubbish - as is the rest of Mitch161's post. Please ignore it OP.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Uncertain
    Uncertain Posts: 3,901 Forumite
    mitch161 wrote: »
    i know its difficult to say with your girlfriends situation. but its not right for you to want to keep a multi £100k asset (your house) while being on benefits.

    benefits are for those that need it. you have £100k's of money around you................

    This forum is supposed to be about helping people get their legal entitlement, not a place to express opinions about what YOU THINK the law SHOULD be.

    Much of mitch161's post (and particularly the above point) is total rubbish.

    There are a number of benefits which are not in any way means tested. Providing they meet the criteria the richest people in the country could claim those! JSA for the first six months and contributions based ESA indefinitely (subject to medical) are two examples.

    You might not agree with the system. If so write to your MP!
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