income support nightmare !!!!!

cvm1978

does anyone know the ruling for income support in regards to a partner stopping over a night? i have been under investigation and awaiting a tribunal. but each time i call income support department i am given different rulings/ answers from the staff. 1 says partner can stop 3 nights, another says he can stop 7 as long as we can prove he is living else where, another says if he stops 1 night a fortnight - (which is what my partner does) they say its classed as cohabitating. some help would be appreciated. im stressed enough waiting for tribunal, without all the different answers from them. :mad:

midnight_express

There is no set number of nights. It's more about whether you are judged to be a couple. They look and things such as do you have financial links ? do you eat together ? go on holiday together ? doesn't he keep his belongings at your place ? etc etc. Someone could have a partner in the army who is away for months but they would still be classed as a couple.

HappyMJ

cvm1978 wrote: »

does anyone know the ruling for income support in regards to a partner stopping over a night? i have been under investigation and awaiting a tribunal. but each time i call income support department i am given different rulings/ answers from the staff. 1 says partner can stop 3 nights, another says he can stop 7 as long as we can prove he is living else where, another says if he stops 1 night a fortnight - (which is what my partner does) they say its classed as cohabitating. some help would be appreciated. im stressed enough waiting for tribunal, without all the different answers from them. :mad:

If he's a considered your partner then there is no limit. They could never sleep over and still be considered your partner. You called him your partner so he is your partner. However, if he is not your partner and just a mate/friend or whatever then they can stay 7 nights a week if they have a main home elsewhere as you say. You could find it a little difficult proving you weren't partners though. No shared bills, no shared income.

Torry_Quine

There is no set answer and they will look at each case individually.

You call him your partner so that may well mean they do think that you have claimed wrongly. They look at things like shared finances, do you holiday together, where do his bills go, does he contribute to the costs at your home, get groceries and eat meals regularly at yours.

cvm1978

we do do a lot of things together- we go shopping, he spends alot of time here not just to be with me, but to see his daughter. yes we do eat together. no he doesnt have any belongings at my property. there are no financial links apart from him giving me child maintentance for our daughter every month. i just find it odd that staff on the phones at income support give very different rulings - if anyone should know it should be them surely?!?!?

cvm1978

yes he is my partner - can you not claim income support and have a partner who lives elsewhere ??

mum2one

it isn't neceasssary the amount of nights that he stays, but whether he makes financial contributions to the household, ok buying a takeaway, but if he was coming round with bags of groceries, helping you with the bills,
Its also whether he has a wack of clothes there or just the toothbrush and a change of clothes.

This is just my opinion, but I bet that someone has rang the fraud line and said your not a single occupant,

I'd start keeping a diaryy of when he stays over, if he has contributed to anything,

when I asked once I was told 3 ngts a week, but it all depends on the circumstances, wouldn't worry, your entiled to a life, as long as you know the truth it all come out, I know its hard but try not to worry.

xx

HappyMJ

cvm1978 wrote: »

yes he is my partner - can you not claim income support and have a partner who lives elsewhere ??

No...you cannot.

cvm1978

thanks mum2one. happymj -- why cant i? what reason is there that i cant have a partner that lives elsewhere? he pays nothing into my house, he has no belongings here. he has no post/ bills coming to my address. i declare all dates that he stops to income support and i get letters confirming that the information ive given doesnt effect my benefit. but im just questioning the responses from the income support staff who give different answers when i ask.

HappyMJ

cvm1978 wrote: »

thanks mum2one. happymj -- why cant i? what reason is there that i cant have a partner that lives elsewhere? he pays nothing into my house, he has no belongings here. he has no post/ bills coming to my address. i declare all dates that he stops to income support and i get letters confirming that the information ive given doesnt effect my benefit. but im just questioning the responses from the income support staff who give different answers when i ask.

You have a child together. You shop together, you have meals together you wouldn't normally do those things with an ex-partner. He is either a partner or an ex-partner/a non-resident parent who pays child support and would not be expected to ever be staying over on a regular basis or go shopping with you and eating meals with you.

Income support staff can only answer the question as posed to them with all the facts. They may have guessed that he might just be a friend of yours who occasionally stays over and did not know he is coming to see you and his child.

You will have to either declare him as a partner or an ex. Ex's don't stay over.

cvm1978

mum2one --- ive been keeping a diary of the times he arrives, and what times he leaves since september last year when he moved out. since i know how the investigation teams work, i doubt it would help me tho - because they never ask for specific dates! i have my solicitor on the case, but im just confused more now, as im not being told im not allowed to have a partner who lives elsewhere. its a joke. they put people on these benefits every day. they dont tell or give you the rules of the benefit until you have done something wrong. even when u ask, u dont get straight forward answers. i asked my advisor- and she couldnt even tell me the rules.