Informing dwp living with partner

Silver_sword

Hi,been in relationship on /off for a few years now decided at Xmas we would completely be as one I have been stopping at my partners house most weekends and sometimes in the week I stayed at my elderly mothers the rest of the time to make life easier most of my mail /banking/car insurance is addressed to my partners . When my partner rang to inform the DWT she was moving her partner in and she didn't want too claim widows pension anymore they told her they had information I had been living there since June 2012 through me using her address and it looks like we are going to have to pay back what we have had one of my beefs is why they didn't inform her when they new about me using her address as my Own .obviously we have been naive. Can anybody help and tell me were I stand legally. My partner is very concerned that they will take her to court over this even though we have both said we would pay the money back. What is DWP stand normally on this. Cheers.

MidnightHour

They may have proof that you used her address for post, this doesn't prove you lived there.

She needs some legal advice and should contact CAB asap, don't admit to anything or say you will pay it all back until you have taken legal advice.

If you were actually living at your mothers they don't have a leg to stand on.

rogerblack

The key legally is not 'have you stayed over some of the time' - but are you 'living together' in one household.
Do you maintain separate homes.
Most importantly - have you ever lived together.
If you have ever lived together, this can put the bar much lower on a continuous relationship, as it is understood that sometimes people will in a couple not live together temporarily, but this does not make them not a couple if the relationship endures, and otherwise meets the tests.

Poppie68

From what you have written and that you are not contesting that the money is owed is seems you have been living with your partner. If that is true it would be better for your partner to admit to it now and she will stand a better chance of avoiding any legal action that they may decide to take against her, not all cases end up in court though.
In regards to your 'beef' about the DWP having the information and not acting on it sooner...well it could of only recently been brought to their attention or maybe just something they haven't got round to investigating yet..regardless of the reasons if you have been living as a couple it won't mitigate your partners obligation to repay.

rogerblack

It is extremely bad advice to 'admit to it now' - if it may not be legally the case that you were 'living together as husband and wife'.
They may never have passed this legal threshold until recently - and there not be any significant overpayment.
Simply saying 'yes' - risks them deciding that they were living together over the whole period of the relationship.

Mojisola

Silver_sword wrote: »

been in relationship on /off for a few years now decided at Xmas we would completely be as one I have been stopping at my partners house most weekends and sometimes in the week I stayed at my elderly mothers the rest of the time

to make life easier most of my mail /banking/car insurance is addressed to my partners .

they told her they had information I had been living there since June 2012 through me using her address and it looks like we are going to have to pay back what we have had

It can't have been that on/off if you have been using her address as your address since 2012.

The DWP will take into account where you have post sent (are you on the ER at your GFs, do you have car insurance going to her address, which address have you given at work as your home?), where you keep your possessions and clothes, whether you share the bills, pay for food shopping at her house, holiday together, etc.

It's not up to the DWP to chase you - the onus is on the person claiming benefits to tell the DWP of any changes that may affect what they are entitled to.

Poppie68

rogerblack wrote: »

It is extremely bad advice to 'admit to it now' - if it may not be legally the case that you were 'living together as husband and wife'.
They may never have passed this legal threshold until recently - and there not be any significant overpayment.
Simply saying 'yes' - risks them deciding that they were living together over the whole period of the relationship.

It's only bad advice if they haven't been living together....the legalities of living together isn't as complicated as some people believe, the guidlines are out there for people to read and understand, if not a phone call can clear up any questions they may have.
Also when i say 'admit it now' maybe i should of written it differently but the sentiment is the same..admit to them the living arrangements as they have stood since 2012 and let the DWP make the decision as the law allows.

Morglin

If they knew about your living arrangements, as they perceive them, in 2012, I wonder why they didn't chase it up then?

Lin

Poppie68

Morglin wrote: »

If they knew about your living arrangements, as they perceive them, in 2012, I wonder why they didn't chase it up then?

Lin

They said they had information that they had been living together since June 2012, not that they knew in June 2012, this could of only been flagged up recently.

Morglin

If that is the case, then I would tell them to produce any evidence they have.

All sounds a bit strange, tbh.

Lin

bloolagoon

Morglin wrote: »

If that is the case, then I would tell them to produce any evidence they have.

All sounds a bit strange, tbh.

Lin

Not really - they inform them they are in a relationship with person b - quick check shows person b has been "living" there (or at least a paper trail) for some time. The living together claim showed it up.

It's more strange to gave your mail sent to an on off partner as opposed to where you live don't you think. They have never "lived together" so strange to move list there.