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

SnooksNJ

I guess it depends if she has nosey neighbors.

SkyeKnight

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.

This is not good advice - just because you have two homes and live apart for the majority of the time, does not mean you qualify as single.

For example, if someone lives in their own flat in London during the week and returns to their family home, partner and children for the weekends then they are a couple and must claim as a couple. The non-working partner cannot claim as a single parent and get Income Support, full Child Tax Credit etc.

The OP's case is a bit less obvious (though I think there would be a big risk they count as a couple), but the rule is certainly not as simple as this post makes it sound.

Cate1976

From what OP has said, I don't think they're living together. I think it's that the ex partner is staying over as a carer. The problem could be that if OP's Aunt gets reported, then proving the carer role could be tricky. The fact that the ex partner now carer has his own place which is mortgaged might be a big help. If reported OP's Aunt should give evidence of any medical issues which are made easier by having a carer stay 4 nights a week. Does anyone else in the family stay over the other 3 nights?

quidsy, neither DWP nor Housing Benefit can stop ex partner visiting their kids in their home. Happened to a former neighbour of mine back in Northern Ireland, relationship broke down, male moved out but was going to the family home most evenings to see the kids, Housing Benefit tried to say he was till living there and wasn't allowed to visit. My neighbour went to a solicitor who did a letter saying that the kids had the right to see their father and as such Housing benefit couldn't stop the father going to the house. When the father moved out, he got a place and was paying rent & bills there. If your friend can't afford to get letter from solicitor, see if CAB can give help writing a letter to give to both DWP & Housing Benefit which will mean that your friend's ex can stay over to see his son. I think there's something in a piece of legislation but can't remember which that may help your friend, CAB will probably know and will quote it in the letter.

SkyeKnight

Cate1976 wrote: »

From what OP has said, I don't think they're living together. I think it's that the ex partner is staying over as a carer. The problem could be that if OP's Aunt gets reported, then proving the carer role could be tricky. The fact that the ex partner now carer has his own place which is mortgaged might be a big help. If reported OP's Aunt should give evidence of any medical issues which are made easier by having a carer stay 4 nights a week. Does anyone else in the family stay over the other 3 nights?

quidsy, neither DWP nor Housing Benefit can stop ex partner visiting their kids in their home. Happened to a former neighbour of mine back in Northern Ireland, relationship broke down, male moved out but was going to the family home most evenings to see the kids, Housing Benefit tried to say he was till living there and wasn't allowed to visit. My neighbour went to a solicitor who did a letter saying that the kids had the right to see their father and as such Housing benefit couldn't stop the father going to the house. When the father moved out, he got a place and was paying rent & bills there. If your friend can't afford to get letter from solicitor, see if CAB can give help writing a letter to give to both DWP & Housing Benefit which will mean that your friend's ex can stay over to see his son. I think there's something in a piece of legislation but can't remember which that may help your friend, CAB will probably know and will quote it in the letter.

Not quite - the OP says they "got back together" implying a romantic relationship rather than simply acting as a carer. He is also spending the majority of nights there and they have a child together. Plenty of things which could tip the balance towards considering them a couple rather than single.

The second home is probably irrelevant - otherwise my husband could buy a small flat and I could get far more than the cost of the mortgage/bills given to me in benefits!

SlimmingSusan

Marriage makes two people one unit, my ex used to live in London and America to further his career. Marriage means one unit, joint finances, period, however you choose to live you are still a couple and unit. I am horrified that anybody would think otherwise.


For richer for poorer, for better, for worse, do not disrespect marriage by what you are trying to do. You really are shocking!

tomtontom

SlimmingSusan wrote: »

Marriage makes two people one unit, my ex used to live in London and America to further his career. Marriage means one unit, joint finances, period, however you choose to live you are still a couple and unit. I am horrified that anybody would think otherwise.


For richer for poorer, for better, for worse, do not disrespect marriage by what you are trying to do. You really are shocking!

Where does the OP say they were married? Unless you are referring to SkyeKnight, who was clearly joking.