Benefits All Stopped Retrospectively

zzzLazyDaisy

MrsE wrote: »

If you were both working the cost of running two homes would be a major consideration, why should it be different because the state provides.

This couple have been dating for one year. They live in different towns and each has commitments in their own town. It is a new relationship, and while some people would jump into selling up and setting up home together after such a short time, many would not.

FBaby

MrsE wrote: »

I think this is normal, for people who work & people who don't.

Either you live a single life & date or not, or you commit to living together.

If you were both working the cost of running two homes would be a major consideration, why should it be different because the state provides.

I totally agree with that. I have been a single mum for 5 years, worked and supported them totally on my own, without financial support from their dad. I have been with my partner for two years, in a committed relationship, but we only see eachother 2 or 3 times a week, and we have separate finances as there is no need to have them joined at this stage. We are finally just about to move in together just because it is the natural thing to do after being together in a committed relationship. Unfortunately, I am about to be made redundant. As a single mum, I could stay as I am and would have all the benefits to support me, interest paid on my mortgage etc... if I move with my partner, because of his salary, I would be entitled to nothing, he would be expected to support me and my children. Yet, whatever I decided to do, it would change nothing to the status of our relationship, we would still be in the same committed relationship. Of course, we are going ahead with the move.

Mart, I think you are a great guy, but I don't believe for one second your excuses as to why it is better for your and your girlfriend to stay apart. You were planning to move in together in the summer and you didn't once you realised you would be worse off financially. If you'd both worked and you would therefore be saving money by living in one residence, you would have done so long ago and the other 'issues' would have been resolved.

mwigg1

There is so much incorrect or misleading advice in this thread you must be having a hard time deciding what to do.

If you look at the Housing Benefit Regulations you can get the definition of a couple:

"couple" means—
(a) a man and a woman who are married to each other and are members of the same household;
(b) a man and a woman who are not married to each other but are living together as husband and wife;

You are only a couple if you are living together in the same household. Based on what you've said, you maintain entirely separate households. The only way you could be treated as a couple in accordance with the HB regs is if your house and your girlfriend's flat were somehow deemed to be one single dwelling. The fact that they are 40 miles apart suggest this is not the case.

By all means check with the CAB, but if they are unable to see your girlfriend at short notice she should submit an appeal at once to the relevent office. She will need to appeal to her local Council about her HB/CTB and to the DWP regarding her Income Support. She will need to identify the decisions she is appealing against, explain why she thinks they are wrong, if the appeal is late (more than one month from the date of the decision) she needs to explain why it is late, and she must sign the appeal.

You should provide evidence of your address - including Council Tax bills, utility bills, ownership papers etc. You should also provide a statement confirming your involvement with your girlfriend. Keep to the facts - don't try to conceal anything, afterall you've not done anything wrong, but make it clear that you don't keep clothes at her address, you don't receive any post there, etc.

With a bit of luck the local decision-maker will revise the decisions promptly. If they uphold the decisions, your girlfriend's appeal(s) will be forwarded to the Tribunals Service. That can take some time, so you will need to find some other means of paying her rent while the appeal is in progress.


Edit: Oops. I admit I skimmed the last few posts so I didn't see today's update before posting. Congrats!

zzzLazyDaisy

The local authority must have completed their investigations and concluded that you are not cohabiting, since they have restored her HB & CTB. I know DWP is a different department, but could Sarah at least send the decision papers to DWP as proof that one department at least has restored her benefits? After all, the means test is ultimately the same for both departments, isn't it?

sunnyone

mart9012 wrote: »

So you would imagine...

The letter said "change of circumstances" and that her income, disregarding her DLA. was £0.00 and that she needed (list of benefits) £xxx a week to live on. Whether this is down to the pressure of Vince Cable MP or what I've no idea.

When Sarah phoned in they said that due to her being in receipt of DLA care, they would reinstate her HB and CTB while her appeal was being considered.

Thanks.

between practising his dancing for TV (dont forget to tune in) and covering his own back because hes been found out he dosnt have time to help the people who voted for him.

cheepskate_2

mart9012 wrote: »

and while I can attend that I'm no longer allowed to be present in future contacts. I'm fond of Sarah's little girl and she is very fond of me.

Why should you be allowed to see this girl. You are nothing more to her than the mums new boyfriend. As you readily admit you are not a family.

Why would SS want a boyfriend to see her, does that mean any "boyfriend " of her mums has access.

Its acess to her daughter , to spend quality time with her. Why would the mother want a boyfriend there for these precious hours

FBaby

cheepskate wrote: »

Why should you be allowed to see this girl. You are nothing more to her than the mums new boyfriend. As you readily admit you are not a family.

Why would SS want a boyfriend to see her, does that mean any "boyfriend " of her mums has access.

Its acess to her daughter , to spend quality time with her. Why would the mother want a boyfriend there for these precious hours

I agree, in one hand you are saying that you are not in a committed enough relationship to justify living together and that should be respected by the authority, but on the other hand you complain that they keep you out.

You are either in a committed relationship which makes you a 'family', or you are not, in which case, there is no reason why should be part of the visits.

IndigoSkies

I understand your situation is currently very hard, but couldn't somebody on your side (friends and family) to look after your gf for a few days so that the services aren't convinced that you two are living together? I totally agree with the above users, maybe you should limit your time with your gf to day-visits only. But to be quite honest, you mention your kids, but you seem to be not showing them interest in them during this time? I may be wrong, please correct me if I am. But again, like the above users, I believe that you two simply have three options, employ a night carer for your gf, split up, or move in together. I understand this is hard, but unfortunately the situation will become even harder if you do nothing. Good Luck.

IndigoSkies

Weekend plan sounds the best so far. Sounds like you're on the way to gettung things sorted, best wishes