Definition of living together for benefits 10 November 2022 at 1:40PM edited 10 November 2022 at 2:16PM in Benefits & tax credits 27 replies 3.7K views

JonnyB0101

My husband and I split up in 2020 and while he has always paid me maintenance for our children, I have claimed income support.

We have always been on good terms and holidayed and spent special occasions together. Now we are considering getting back together but he wants to retain a degree of independence.

He is currently staying with me for half of the week and staying in his caravan (his home) for the remainder of the time. although we see him most days. This works for us, because he has some space, but my sister-in-law insists that I should NOT continue claiming benefits as a single person.

As we are not formally together, I still need financial support as he hasn’t started paying me more money towards bills etc. But she has got me worried that I will get into trouble.

Can anyone advise me on what I am allowed to do? 

marcia_

JonnyB0101 said:

My husband and I split up in 2020 and while he has always paid me maintenance for our children, I have claimed income support.

We have always been on good terms and holidayed and spent special occasions together. Now we are considering getting back together but he wants to retain a degree of independence.

He is currently staying with me for half of the week and staying in his caravan (his home) for the remainder of the time. although we see him most days. This works for us, because he has some space, but my sister-in-law insists that I should NOT continue claiming benefits as a single person.

As we are not formally together, I still need financial support as he hasn’t started paying me more money towards bills etc. But she has got me worried that I will get into trouble.

Can anyone advise me on what I am allowed to do? 

 You are married and spending half the week living together you probably should be claiming as a couple 

JonnyB0101

Thanks, marcia_ - that is my sister-in-law's view too but he does still have a home that is independent of us (albeit a caravan rather than a house) and he considers that his main home. So that is why I wanted to know the legal view because I feel like it's a grey area but obviously don't want to get into trouble for doing the wrong thing.

sammyjammy

You say you are in receipt of Income Support?  Do you mean Universal Credit as you couldn't make a claim for Income Support in 2020.  Is your husband working?

JonnyB0101

Yes, sorry I mean Universal Credit. And yes, my husband works full-time. 

diystarter7

OP, thanks for your honesty.  Sadly not all people are as honest as you and play the game. From what you said, my pennies worth is you are living as a couple but this will negatively impact your benefits I think. Give the benefits people a call and tell them what you have said here as you never know they may say that you are entitled to see friends and not all friends are couples. As importantly, friends, ex's do stay over at times. See how it goes as it will put your mind at rest.

JonnyB0101

Thanks, diystarter7. Definitely not trying to play the game, just trying to navigate it. I will call them but just to be clear, we are not seeing each other as friends. When he is with us, we are together and in a relationship (if you understand me) but it's not just full-time as he spends some evenings at his own place. 

Thank you.

marcia_

JonnyB0101 said:

Thanks, diystarter7. Definitely not trying to play the game, just trying to navigate it. I will call them but just to be clear, we are not seeing each other as friends. When he is with us, we are together and in a relationship (if you understand me) but it's not just full-time as he spends some evenings at his own place. 

Thank you.

 That is a good idea. Exs do live together but separately and claim individually but it doesn't sound like that applies here. 

JonnyB0101

Thanks so much. Great advice and tips. I will do this tomorrow.

Based on what I have said, do you feel we are one or two households? 

Alice_Holt

Here is the UC guidance for decision makers on whether a claim should be single or joint

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1077570/adme2.pdf

Which states: 

Couples:  means
 -  two people who are married to, or civil partners of, each other and are members of the same household

And the definition of household:

 Household
  Household is not defined in legislation. It should be given its normal everyday meaning, that is a domestic establishment containing the essentials of home life . Household may refer to people held together by a particular kind of tie, even if temporarily separated .
 People living in one dwelling (for example a house, fat or caravan) do not necessarily live together in the same household.

OP -  You would need to persuade a decision maker that your situation does not constitute a household.

Edit: OP - Sadly, my post has been drowned out by some silly replies.

powerful_Rogue

JonnyB0101 said:

Thanks so much. Great advice and tips. I will do this tomorrow.

Based on what I have said, do you feel we are one or two households? 

I would say one household. You've even said you are in a relationship - just a part time one.