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Accused of benefit fraud!!

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  • uganda
    uganda Posts: 370 Forumite
    mich2201 wrote: »
    Just wanted to say thanks for some of the advice ive been given since yesterday. Some of it tremendously helpful, some of it not so much! But hey, everyones entitled to their opinion.

    Uganda, many thanks and I will personal message you when I get my decision letter.


    Please do. I will do everything I can to help you win your appeal if it has come to that. Obviously I can't work miracles, but I can tell you what the actual law is rather than just my own opinion (although I'll tell you that too!) And remember not to get sidelined into arguments about whether he financially supports you or not - this is not a LTAHAW case, as you would openly declare him as a partner if he were living with you, your only argument is that he does not actually live with you. That is all. Nothing else.

    Good luck!
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I agree, a few spoil it for the majority which is why so many people are such cynics when it comes to the 'single mum' and benefits. Doesn't stop me being fed up with being tarred and feathered with the negative 'single mum' brush and wanting to shout about it!
    Because unfortunately it isnt just a few. society has changed and benefits have proven to be very generous to single parents which inevitably opens up to people considering how to play the system to keep a certain level of income they couldnt get otherwise.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    uganda wrote: »
    Please do. I will do everything I can to help you win your appeal if it has come to that.
    Can i ask why you are so adament to help the op win her appeal? Does this mean you are already convinced from what has been written that the decision was wrong or will it be a case of helping with semantics so that she will have decision reversed because she will have worded things in a way that can only leave doubts. surely all she needs to do is say the truth and doesnt need any help with that!
  • Arg
    Arg Posts: 931 Forumite
    FBaby wrote: »
    Because unfortunately it isnt just a few. society has changed and benefits have proven to be very generous to single parents which inevitably opens up to people considering how to play the system to keep a certain level of income they couldnt get otherwise.

    On the other hand it seems the benefits system is aimed at breaking up families.
  • krisskross
    krisskross Posts: 7,677 Forumite
    Arg wrote: »
    On the other hand it seems the benefits system is aimed at breaking up families.

    Indeed, by offering more money to those who decide that at least on paper they are lone parents.
  • eskimo26
    eskimo26 Posts: 897 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    FBaby wrote: »
    Can i ask why you are so adament to help the op win her appeal? Does this mean you are already convinced from what has been written that the decision was wrong or will it be a case of helping with semantics so that she will have decision reversed because she will have worded things in a way that can only leave doubts. surely all she needs to do is say the truth and doesnt need any help with that!

    I smell a straw man.
  • Linz4383
    Linz4383 Posts: 319 Forumite
    Seventh Anniversary
    seriously.. ive only read the 1st couple of pages of this thread but it makes me so mad! as a single parent myself i think its ridiculous that u shud b expected to move someone in if your not ready! i no myself (after a carp breakup and havin achild) that i wouldnt move someone in just because wed been seein each other for 18months! theres alot to think about wen you have kids to think about, providin they arent payin the bills then there shouldnt b a problem! noone would have a problem with it if they both worked! and not every one thinks about how to 'work the system' its just absolutely ridiculous that someone should come on here seekin advice for something and they get all this back! if people cant reply with something constructive and to help then maybe dnt reply at all!
  • drwho2011
    drwho2011 Posts: 346 Forumite
    edited 20 January 2012 at 5:59PM
    linz4383 wrote: »
    seriously.. ive only read the 1st couple of pages of this thread but it makes me so mad! as a single parent myself i think its ridiculous that u shud b expected to move someone in if your not ready! i no myself (after a carp breakup and havin achild) that i wouldnt move someone in just because wed been seein each other for 18months! theres alot to think about wen you have kids to think about, providin they arent payin the bills then there shouldnt b a problem! noone would have a problem with it if they both worked! and not every one thinks about how to 'work the system' its just absolutely ridiculous that someone should come on here seekin advice for something and they get all this back! if people cant reply with something constructive and to help then maybe dnt reply at all!

    No one is saying lone parents should have their partners move in before they are ready.

    The issue is that her partner has moved in but rents a room elsewhere which he uses for sleeping some of the time (5 mornings a week), the rest of the time he is at hers during the daytime as he works nights.

    Most people would find it hard to argue that they are living apart and she openly admits he can't afford financially to move in with her.

    So it is left to the taxpayer to support her, she can maximises her benefits entitlements whilst he is able to enjoy a family life but not contribute to her household financially.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    uganda wrote: »
    You know what, OP, I am very sorry about the advice you are receiving here, much of it seems to centre on what people believe is right or what fits will their world view, but very little of what people are saying tallies with the actual rules.

    It is obvious you are a couple, and if you were living together then you would be treated as LTAHAW (living together as husband and wife) and assessed accordingly. But this is not the question, the seriousness or otherwise of your relationship is not in question here. There is only one question which applies - does your boyfriend actually live with you? That is all.

    Now, I don't know the answer to that, but what you have told me suggests that he does not. I quote this:

    To be members of the same household means that
    1. they live in the same house, flat, apartment, caravan or other dwelling place and neither normally lives in another household [FONT=MPIAC O+ Helvetica,Helvetica][FONT=MPIAC O+ Helvetica,Helvetica]and [/FONT][/FONT]
    2. they both live there regularly, apart from absences necessary for employment, to visit relatives, etc.
    This comes from this document - http://www.dwp.gov.uk/docs/dmgch11.pdf - and can be found on page 7.

    My feeling from this is that, as he does normally live in another household, he doesn't live in yours. I may be wrong, depending on other stuff I may not know about your personal circumstances, but I suggest you quote this document if you are making an appeal.

    By all means PM me if you have any questions.

    But the whole point is that he does not "live" in another household. He sleeps somewhere else five times a week but he obviously lives with the OP.
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    linz4383 wrote: »
    seriously.. ive only read the 1st couple of pages of this thread but it makes me so mad! as a single parent myself i think its ridiculous that u shud b expected to move someone in if your not ready! i no myself (after a carp breakup and havin achild) that i wouldnt move someone in just because wed been seein each other for 18months! theres alot to think about wen you have kids to think about, providin they arent payin the bills then there shouldnt b a problem! noone would have a problem with it if they both worked! and not every one thinks about how to 'work the system' its just absolutely ridiculous that someone should come on here seekin advice for something and they get all this back! if people cant reply with something constructive and to help then maybe dnt reply at all!

    Apart from the BF sleeping there another 5 mornings, how would it be different for anyone (particularly the children) if he were to move in officially?

    The OP has been given constructive advice - would it be constructive to tell her they can carry on like this so that she gets a criminal record?
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