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Benefits Claim Denied - Help/Advice Needed Please!

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Comments

  • Mara69
    Mara69 Posts: 1,409 Forumite
    So you are both living in a house that you jointly own. Your ex has no money so you are paying the mortgage, all the bills, buying her food and I would assume stuff like feminine hygiene products. It would appear you've made no attempt to separate financially and you wonder why the decision has been made that you are living together as a couple?! It doesn't matter what your mates know - or about the other relationship. What matters are the tangible facts - and at the moment the fact it sure does look like you are LTAHAW.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    It is also not true that all flatmates are deemed to be LTAHW. Think of all the students who share. Think of all the under 35 yr olds who have no choice but to share because of the change in the LHA rules.

    The fact is that you are financially linked. You own a house together on a joint mortgage and you are supporting her financially. No doubt you also pool food money, eat together, share shopping, share laundry and other household tasks. In fact the only thing that sets you apart from a normal cohabiting couple living together as H&W is the fact that you have separate bedrooms - and frankly the benefits agency is not concerned about that.

    The way to obtain benefits - if that is your goal - is to separate properly, and go your separate ways. The fact that it is cheaper to continue to cohabit suggests that the current scenario works for both of you, but it is highly unlikely that the benefits agency will fund it.

    Alternatively she could get a paying job and then you could continue to live in the way that suits you, with no interference from the state.
    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.
  • BigAunty
    BigAunty Posts: 8,310 Forumite
    1,000 Posts Combo Breaker
    MickMun wrote: »
    Thanks its an interesting read. I'm a phd student and still technically therefore in full time education....could this make them re-evaluate the fact about me supporting my housemate?

    It's not your status as a student, per se, that is a factor in any requirement to support/assist a partner (although in this case, you aren't partners). Means tested benefits are calculated on household income and some kinds of bursaries, maintenance grance and loans are counted as income.
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