Accused of benefit fraud!!

mich2201

I have been seeing my boyfriend for around 18 months and he stays at mine around 2 nights a week. He works nights so we spend most of our time together during the day. He rents his own place.
I was called in for a compliance interview a couple of weeks ago as they had had a report i was living with someone.
I explained the situation, and they asked me the usual questions about whether he gave me money, paid bills etc, which he doesnt.
He had just come out of a long term marriage when we met so neither of us are looking for anything serious and certainly not looking to live together.
However, today I discovered my income support had not been paid into my bank as expected and rang DWP. I was told that my claim had ended as I was no longer seen as a single parent.
I am yet to recieve my decision letter but apparently it is on its way. I am really worried!!!
I am stunned that they have seen this as a living together situation. I can prove he is renting a place elsewhere, he obviously has no post coming to my flat, and he is not financially contributing.
He is gutted that he has put me in this position, as now I have very little money coming in.
I always thought that 2 nights a week would be ok as long as he was not contributing any money to the household??
I know I have to wait for the decision letter to come through but I am just trying to think of ways to appeal against the decision and convince them that he does not live here. Can anyone help??

FBaby

mich2201 wrote: »

I have been seeing my boyfriend for around 18 months and he stays at mine around 2 nights a week. He works nights so we spend most of our time together during the day.

Does this mean that all (or almost all) the time he is not working, he spends with you? It does sound like he is living with you. When does he ever spends time in his flat?

mich2201

He works till about 5am then goes back to his to sleep. gets up about lunchtime then usually comes to mine.

real1314

mich2201 wrote: »

He works till about 5am then goes back to his to sleep. gets up about lunchtime then usually comes to mine.

So, he just uses his place for a bed, but spends the rest of his non-work time with you?
What does he do on non working days?

drwho2011

I posted this on another thread but I think its relevant in this case.

The reason there aren't set rules for nights over is because if there was people would take advantage of the system and push it to the limit.

Instead the state expects people to be honest about their circumstances, i.e if you start refering to your boyfriend as your partner or are seen as by others as partners, you start shopping together, do domestic chores for one another, spend a lot of time together, then its time to make joint claims. None of this necessarily means either party is staying the night but doesn't stop them being partners.


The truth is that there is its hard to define the specific point at which a relationship becomes serious or committed, but generally if people post a thread on this board to ask the question then they are asking the wrong person, instead ask they should ask their OH and decide whether they want things to continue or end them.

mich2201

He'll usually see me when he's not working. If not he'll do anything else he needs to do, see his kids etc. or get some extra sleep

mich2201

drwho. They did ask me if family/friends saw us as partners, to which I said yes. They also asked me about the household chores/shopping etc, to which I said no.
The question I did worry about is whether he has a key to my flat, which I answered yes . Maybe I have just been too honest?

Cherry_Bomb

There is no set rule regarding number of nights he can stay over so get that one out your head.
There must be something they've found to warrant stopping your benefit. Simples things like shopping together can be looked as something a couple would do
Can you really not think of anything?

real1314

mich2201 wrote: »

drwho. They did ask me if family/friends saw us as partners, to which I said yes. They also asked me about the household chores/shopping etc, to which I said no.
The question I did worry about is whether he has a key to my flat, which I answered yes . Maybe I have just been too honest?

Apart from sleeping, how much other time does he spend in his flat?

mich2201

real1314 wrote: »

Apart from sleeping, how much other time does he spend in his flat?

To be honest, hardly any

Adereterial

You're a couple - he hardly ever spends any time at his own flat and spends all of his non working, non sleeping time with you. Your family see you as partners and he has free access to your flat.