Cohabiting and benefits

tomjonesrules

HappyMJ wrote: »

There are no legal terms. It's up to you to decide. Do you feel as if you are living together and sharing your lives or not? You will need to keep monitoring it and notify hmrc when you think that you are. I would say that you are getting close to that point. It's not up to the hmrc to decide that you are or not. It's up to you. The fact you have two seperate households and keep finances strictly seperate and all his bills continue to go to his house helps. The sharing of meals can be done by girlfriend and boyfriend that's not a problem. Do other's such as your family and friends think that your relationship is more than just boyfriend and girlfriend?

It is most definitely up to HMRC as to whether two people satisfy the test for LTAHAW - otherwise we'd all declare ourselves single!

haily111

Yes to both of you, I think from everyone's advice it means we are cohabiting and therefore I will get in touch with HMRC and speak to my partner re his house and bills. Thank you all for your help x

haily111

I am not sure if that means contributing to a household. It was my opinion that because we both have two deprecate houses and expenses it would mean we weren't cohabiting. But it is clear from the advice from this forum that my opinion is completely wrong!

haily111

Sorry that was meant to say separate!!

HappyMJ

tomjonesrules wrote: »

It is most definitely up to HMRC as to whether two people satisfy the test for LTAHAW - otherwise we'd all declare ourselves single!

Only in an appeal much further down the line. There is no real test. You don't ask the HMRC anything. You declare to the HMRC your relationship status i.e single and they accept it. They don't go asking how many nights does your boyfriend stay over. They don't ask your friends or family any questions. It's a self declaration.

For more info see http://www.hmrc.gov.uk/manuals/ccmmanual/CCM15040.htm

tomjonesrules

Haily111 wrote: »

I am not sure if that means contributing to a household. It was my opinion that because we both have two deprecate houses and expenses it would mean we weren't cohabiting. But it is clear from the advice from this forum that my opinion is completely wrong!

You say he 'does a lot of other things' for you - are these things that a cohabiting partner would normally do, such as DIY, cleaning, childminding etc?

HappyMJ wrote: »

Only in an appeal much further down the line. There is no real test. You don't ask the HMRC anything. You declare to the HMRC your relationship status i.e single and they accept it. They don't go asking how many nights does your boyfriend stay over. They don't ask your friends or family any questions. It's a self declaration.

For more info see http://www.hmrc.gov.uk/manuals/ccmmanual/CCM15040.htm

It is a self declaration based on goodwill. If HMRC were made aware that this was may not be the case they would then make the decision, and it would be for the claimant to appeal the decision if they disagreed. You've got your burden of proof the wrong way round!

dseventy

Haily111 wrote: »

Yes to both of you, I think from everyone's advice it means we are cohabiting and therefore I will get in touch with HMRC and speak to my partner re his house and bills. Thank you all for your help x

They will look at things like

• Where does he keep clothes?
• Where does his birthday cards get put up?
• Do you eat together?
• Do you shop together?
• If I knocked on neighbours door would they say you were together

etc etc

I still find it wierd he does not contribute.

D70

haily111

D70 thank you for the advice. Most questions would probably be yes apart from the cards I suppose. He doesn't really contribute due to us only 'living' like this since November and it is not something we have spoken about. It's just something that happened.

Killmark

Haily111 wrote: »

D70 thank you for the advice. Most questions would probably be yes apart from the cards I suppose. He doesn't really contribute due to us only 'living' like this since November and it is not something we have spoken about. It's just something that happened.

Then its a recent change so perhaps now might be the time to have a discussion about each others finances.

HappyMJ

dseventy wrote: »

They will look at things like

• Where does he keep clothes?
• Where does his birthday cards get put up?
• Do you eat together?
• Do you shop together?
• If I knocked on neighbours door would they say you were together

etc etc

I still find it wierd he does not contribute.

D70

That meets the requirements for my lodger.

My lodger keeps his clothes at my house. His christmas cards are up in the lounge. We eat together. We shop together for groceries. The neighbours don't know anything.