Is my aunt classed as living with her partner? Confusion/worry over it!

Lily23

I'm asking on behalf of my Aunt.

My aunt spilt from the father of her child last year (quite a nasty break up) she then had to move out into her own home wih a one year old she has mental health issues in which she claims PIP for.

So this year they got back together!:eek: her partner is now back on the scene helping more with he child what was needed really in the 1st place but anyhow.

He has his own mortgage pays council tax at his own home etc. Has no mail coming to my aunts home or contributes to house hold bills. My aunt gets child support paid directly from him to her though very month.

He's now started staying over every Tues,Wed,Fri and sat which takes a lot of work off my grandma as she needs assistance with eating etc which DWP know about hence why she claims PIP.

She's worried sick because she claims income support for lone parent she still does live on her own don't forget and pays her own rent and council tax, bills etc. And she also gets the single person premium on top of her income support for being disabled.

So I guess my main q is would the DWP see them as living together? He occasionally takes her shopping because she can't go out on her own, but my grandma or grandpa take her other times it depends if they plan to do things at weekends.

I'm not to well up on the benefit system but to me they aren't living together as he has his own place and pays no bills towards her house....

quidsy

So he sleeps over 4 out of 7 days a week? What do you think they will think....

Lily23

I guess she may need to speak to cab about this? Is there any limitiations on him coming over to visit?

quidsy

She is in a very dangerous position, regardless of whether he pays to stay there or not to all intents & purposes he is living there more than 50% of the time.

mummyroysof3

Does he stay as a carer or a partner?

nannytone_2

she needs to decide which way she is going.
is he an avsent parent providing support or are they a couple?
she needs to decide and then act appropriately

specialboy

quidsy wrote: »

She is in a very dangerous position, regardless of whether he pays to stay there or not to all intents & purposes he is living there more than 50% of the time.

He could stay there 5 nights a week and still be classed an not living there just as he could stay there 1 night a week and be classed as living there, it all depends on other circumstances.

BigAunty

As you can see from this related thread

https://forums.moneysavingexpert.com/discussion/4885624

And this particular post (the link to DWP document), it's a really complex area that takes into account many factors and that can be judged on an almost case by case basis rather than having fixed rules.

If your post relates to the common myth that if there is only x nights a week the partner stay over, there is no issue, then please note there is no such DWP/council rule. We often see posts here regurgitating the same tired belief that staying over a maximum number of x nights per week and not exceeding it means that they are considered separate households. This isn't true. It's not that simple.

http://forums.moneysavingexpert.com/showpost.php?p=64679772&postcount=28

MidnightHour

As he is living elsewhere and is paying bills for that home then no he is not living there and in no way liable!

This is the last place you should ask for advice, as you can see people have agendas lol.

specialboy

MidnightHour wrote: »

As he is living elsewhere and is paying bills for that home then no he is not living there and in no way liable!

This is the last place you should ask for advice, as you can see people have agendas lol.

Which people are you referring to? I cant see any on this thread.

quidsy

No agenda, dramatic much!

A friend in a similar situation, in receipt of benefits etc allowed her exbf to sleep over 2 nights a week so he didn't have to do the 3hr round trip to see his son.

He had his own place, she paid all the bills at hers, he had nothing at her house in his name & they were completely separated yet she was reported by some nosy neighbour & hauled in to explain & provide proof.

A very stressful time for her & as a result has made her nervous about allowing her sons father to stay over & as a result is affecting his visitations.

The ops aunt may be perfectly entitled to have someone live there 4 days a week but she may be required to explain the situation.