Should my friend and his partner be claiming as a couple?

lordnadez

Asking for a friend.

My friend currently lives with his mother, has done all his life. His partner recently had to move in with him because she was in an abusive household from her mother and has no other family who could take her in. So, my friend's mother took her in. His mother set her up in the spare bedroom as a lodger and made her pay her own rent each month and she pays for all her own things. He lives in his own room and pays his own rent and pays for all of his own things. He also works full time. She is unemployed.

My friend goes to the shops and picks up his own things and also her requested items and she transfers the cash to him directly after to pay for her stuff, and he pays for his stuff.

My friend spoke to citizens advice and they think she should claim as a single applicant. As claiming as a couple states you must claim as a couple if you are either A: Married, B: Civil Partners or C: Living together as if you were married. They think my friend and his partner don't fit any of those categories. They think they are not living together as if they were married because she has her own rental agreement as a lodger with her partners mother. They are definitely a couple, but they keep their financials seperate and live in seperate rooms and don't pay for each others things.

They are just wondering if she needs to claim as a couple or if it fits for a single applicant.

tacpot12

I would tend to agree with you, based on the explanation you have given. They are not living as a couple, but they are very, very close to doing so. This is the most borderline situation I heard where I think the reality is that they are single from a benefits perspective. The fact that they have separate bedrooms and there is a lodger agreement with his mother are the factors the sway the argument.

I think their biggest problem is how they are when they are out together. If they behave like they are clearly in a romantic relationship, then I think the DWP may decide that they are a couple if they become aware of the situation. They can argue that they are not, and this argument may ultimately be accepted, but I expect it will be an uphill battle.

They can use the benefit calculators at EntitledTo.co.uk and Turn2Us.org.uk to figure out what the impact will be when/if they do claim as a couple.

The best way out of this for them is for her to get a job and stop claiming benefits as this will free them up to live their lives exactly as they please.