esa3 form

jj1235

my flatmate has received an esa3 form to complete. There was a handwritten compliment slip asking him to tell them about his partner. We are flatmates, he is male, i am female. We are not partners. How do we prove to the benefits agency we are not partners but friends. Our local council know about this situation. What do we do about this situation. Do the benefits agency not understand that two people of different sex can live together as friends and not partners.

epitome

Benefits does not care if you are partners or not. Also gender makes no difference to couples on benefits MF, FF, MM, MFF, will all be considered partners.

The rule is "Living with a partner or living together as if you were partners"

So if you two do anything collectively then you could be considered to be "partners".

Buying food together
Cooking food together
One person paying all the gas/electric or subsidising the others share of such.
etc etc

If your friend fills out the form as a single person, that will be fine, there should be a question on there for "other people who live with you". If you have a joint tennancy then this should be completed with your details as someone that lives with them.

A decision will be made, will probably get another form sent out LTF1

If they decide you are "Living together as partners" He can either move out or appeal or do both

tomtom256

epitome wrote: »

Benefits does not care if you are partners or not. Also gender makes no difference to couples on benefits MF, FF, MM, MFF, will all be considered partners.

The rule is "Living with a partner or living together as if you were partners"

So if you two do anything collectively then you could be considered to be "partners".

Buying food together
Cooking food together
One person paying all the gas/electric or subsidising the others share of such.
etc etc

If your friend fills out the form as a single person, that will be fine, there should be a question on there for "other people who live with you". If you have a joint tennancy then this should be completed with your details as someone that lives with them.

A decision will be made, will probably get another form sent out LTF1

If they decide you are "Living together as partners" He can either move out or appeal or do both

Of course benefits care if you have a partner thats why they are asking.

If you where partners it would affect the amount awarded.

Not sure if just a typo by epitome or not?

If they thought you where partners they should have sent out a LT questionnaire.

Just get your flatmate to call them and tell them he doesn't have a partner or fill out the ESA3 to that effect.

rogerblack

epitome wrote: »

Benefits does not care if you are partners or not. Also gender makes no difference to couples on benefits MF, FF, MM, MFF, will all be considered partners.

The rule is "Living with a partner or living together as if you were partners"

So if you two do anything collectively then you could be considered to be "partners".

This is not the law.

Admittedly, there is is the risk of being found to be partners, if you do things together, however for two people to be properly found to be 'living together as husband and wife or civil partners' - there has to be an element that goes beyond even close friendship.

This would include if you represent yourselves as a couple to the wider world - if you have children together - if there is an expectation of sexual fidelity, ...

Merely living together - however closely - as two romantically or sexually uninvolved people is not against the law, or regulations.

If you wish to be safer from a wrongful accusation of this though - keeping financial affairs as separate as possible is a good first step.
Proving a negative is hard.

epitome

What I was trying to say is that although OP and her friend do not consider themselves partners the DWP could easily come back with an opinion that they are for the purposes of benefits. It happens to a lot of friends living together and the only way around it is to move apart or appeal.