DWP Cohabitation Interview (Upcoming)

justhelp

I am worried sick as there seems to be no specific 'Legal Info' on this subject and I always try my level best to comply with all requirements and don't know what I'd do if I lost my Benefits.

I am 71 retired in receipt of DLA & Housing Benefit, have a long term Lodger who is 45, so I'm old enough to be her father, she pays £35 week to cover room & board and is in receipt of Lower Rate DLA, has recently lost an ATOS Appeal pertaining to her Incapacity Benefit and is now on JSA.

I have 'Middle Rate' Care Component + 'Higher Rate' Mobility Component DLA. The DWP have deducted £7.50 PW for Lodger, the first £27.50 in not counted (2010)

She has her own room in which there is a SINGLE BED and the door can be locked & has a Rent Book.

I also have a SINGLE BED in a separate bedroom

What would they look for and consider in their visit that would point to cohabitation, would they look in drawers for instance, or I'm told if there are 2 tooth brushes in the bathroom, they would consider this to be cohabitation.

Long Term Lodger came about approximately 18 years ago, since which time I have moved 3 times during that period, she has moved with me which may 'appear to be a bit odd' but there is a valid reason.

When we first met 18 years ago she was living with a long term boyfriend who was a Nightclub Bouncer who used to beat 7 bells out of her. One day when she came to visit, my them common law wife told her to stay with us as she could not go on being beaten on a regular basis. This she did and became our Lodger. A year of so later my common law wife and I parted company, the lodger stayed on. She has no family to speak of and is wary of men in general due to her experience with the Nightclub Bouncer, but has leant to trust me over time and it is therefore the reason she's been my Lodger for so long.

How would the following be viewed?

Having Meals together?

Sit and watch TV together?

Is it okay to Lend Money to Lodger?

If I'm going downtown, is it okay to give her a lift?

Food Shopping, can't she come with me

I'm told they look in drawers to see the content. I.e. type of clothes etc (Male & Female) and even check to see if there are 2 toothbrushes in the bathroom. Is the true?

As the Rent she pays me is so low, what if she contributed to other household bills. I.e. Electricity etc.

If they believe we are cohabiting, would that effect my Housing Benefit. I.e. Would it be stopped until such time as any 'Appeal' be heard?

Would they have access to Bank Accounts prior to their visit due next Monday?

HOW CAN I PROVE THAT COHABITATION DOES NOT EXIST?

If they find cohabitation exists, does this become a criminal case and would this qualify for Legal Aid - if not how am I expected to defend my case.

ANYTHING ELSE I SHOULD BE MADE AWARE OFF THAT WOULD BE HELPFUL? _pale_

PS. Thanks in advance for any help you are able to give!

sueturnersmith

There is something rather odd about this post. And many people who are cohabiting sleep in separate bedrooms. It does sound like you are a couple, even if there is no intimate relationship.

rogerblack

Legally, in principle you are doing nothing wrong.
You can share cooking, cleaning, washing, shopping - as long as you are not in a relationship.

The problem is that they need to prove only on the balance of probabilities (that it's more likely than not) that you are in a relationship.

I would advise that you consider employing an actual solicitor skilled in benefit law.

The consequences of an adverse decision could be being required to repay (at least) 18 years of her housing benefit, most of her JSA (not IB).
It is perhaps unlikely they would prosecute due to age.

dippy3103

As they are visiting I am assuming this is a "status in household" visit from a compliance officer?

Does she claim HB for her rent?

bloolagoon

Why would you say she's not your partner (other than romance). Do friends and neighbours see you as a couple?

Does she work? Does she date?

Housing_Benefit_Officer

Doesn't matter if you are 101 and your lodger is 16 - you could still be a couple.

rogerblack

bloolagoon wrote: »

Why would you say she's not your partner (other than romance).

There legally has to be 'romance'.
It is not a case of 'Living together as people that get along well together'.
It's 'Living together as husband and wife (or civil partners).

This is made very clear in the legislation by the fact that the people you can't be found to be 'LTAHAW' with are those you would be legally unable to have a sexual relationship with.

As mentioned above though, there is a real risk even if no 'romantic' component exists that one will be found.

dippy3103

I'd say there's very little romance in my house.. But still a couple

dippy3103

Joking aside, these status in household decisions are difficult ones. Would this question arise if they were both the same sex? But then they could be gay.. See it's not that cut and dried.

It comes down to the common household. If they are not found to be LT but she is claiming HB is it commericial?

Morglin

They need to find evidence of you being a couple, acting in ways that a 'normal' couple would.

If you are not a couple, then produce any bank statements they require (as you have to for means tested benefits, such as HB anyway,) answer them honestly, and don't worry.

If you receive a decision you don't agree with, it will tell you how to appeal.

Lin

rogerblack

dippy3103 wrote: »

I'd say there's very little romance in my house.. But still a couple

Unfortunately, there is very little else to call it.
It's legally not sex.
It's not having children with.

About the closest the guidelines used by fraud staff come to actually defining it is 'expectation of sexual fidelity'.

But even that is not really definitive, as not all marriages may (with consent sometimes) have that.