Flatmate applying for benefit help

johnnyren

Hi 
     Looking for some help/ advice on a situation that has arisen and how it could pan out .
I’m in Scotland , house is bought and paid for in my name ,     I have a flatmate who is an ex partner ,  long story but she’s been through a tough time and has not got other place to stay which isn’t really an issue as we still get on and I’m away most of the time.
we were never married or down as common law partners or anything ,   The only thing I did was put her on the voters roll in the address as I thought it the right thing to do
As I said she has had some issues and recently gave up her job after encountering quite severe mental health problems, she is getting help at present from the doctors and receiving counselling 
she has gone  through citizens advice to apply for benefits as she can’t work ,    They put her on to the dwp right away who in the application phone call asked her about my earnings,  as I am taking a 
Drawdown on my pension they said since im 60 and not taking a state pension I can apply for a carers allowance for her .
im wondering if this sounds the right way to go ,     Does my earnings really have to be taken into consideration here ?     This whole applying for a carers benefit spooks me.    And now she’s is worrying        Anyone able to shed some light on how this could pan out 
 thanks 

Rubyroobs

Are you her carer or is she just your lodger? If you are away a lot of the time then you aren't providing 35 hours of care a week for her which is the criteria for claiming carers allowance. I mean it is possible in theory to claim carers for her if you were providing 35 hours of telephone support whilst you aren't there but could be questioned.
If you are not a couple then your earnings or pension don't come into it. She claims benefits as a single person with no income. The DWP may query this but you would just have to explain the situation and that she is just a lodger. 

itsthelittlethings

No, you are not a household if you are not a family.

They will try and say you are if you share a food cupboard and eat meals together but as long as there is no ongoing relationship (romantic or physical) I think you should be counted as separate households.

You won’t be entitled to carers allowance, to be honest you don’t want to be a carer for an ex partner, you’ll never move on. It’s good she is seeing the dr.

johnnyren

Rubyroobs said:

Are you her carer or is she just your lodger? If you are away a lot of the time then you aren't providing 35 hours of care a week for her which is the criteria for claiming carers allowance. I mean it is possible in theory to claim carers for her if you were providing 35 hours of telephone support whilst you aren't there but could be questioned.
If you are not a couple then your earnings or pension don't come into it. She claims benefits as a single person with no income. The DWP may query this but you would just have to explain the situation and that she is just a lodger. 

I’m not her carer ,   She is getting all her support from her doctors and councillors,       I wasn’t present at the phone call with the dwp so I have no idea how the conversation had went and how it’s came about that my earnings have to be taken into consideration ,      I’m only looking out for her and would neverhave her out on the street but I’m feeling like she’s not explained her situation properly in the phone call and she is maybe not going to get the benefits she needs 
as I said they mentioned me being able to apply for some sort of carers allowance as I’m not at pension age ,    Which makes no sense to me 

Rubyroobs

johnnyren said:

Rubyroobs said:

Are you her carer or is she just your lodger? If you are away a lot of the time then you aren't providing 35 hours of care a week for her which is the criteria for claiming carers allowance. I mean it is possible in theory to claim carers for her if you were providing 35 hours of telephone support whilst you aren't there but could be questioned.
If you are not a couple then your earnings or pension don't come into it. She claims benefits as a single person with no income. The DWP may query this but you would just have to explain the situation and that she is just a lodger. 

I’m not her carer ,   She is getting all her support from her doctors and councillors,       I wasn’t present at the phone call with the dwp so I have no idea how the conversation had went and how it’s came about that my earnings have to be taken into consideration ,      I’m only looking out for her and would neverhave her out on the street but I’m feeling like she’s not explained her situation properly in the phone call and she is maybe not going to get the benefits she needs 
as I said they mentioned me being able to apply for some sort of carers allowance as I’m not at pension age ,    Which makes no sense to me 

Ok well clearly the dwp advisor got the wrong end of the stick or she didn't make it clear you weren't a couple or that you are not her carer. 
When she makes a claim for Universal credit which will be the main benefit she claims, she would be asked if she has a partner who she lives with. I think you need to check with her that she has not set up a joint claim although to do so would need you to make a claim and then link your claim to hers so I think it's unlikely she would have done that. If she has accidently done this then it should be fairly easy to rectify by reporting a change that she is not in a couple. I don't think DWP would just set up a joint claim without consulting you?
If she is vulnerable due to her mental health issues then she really should get some help from CAB or UC help to claim team to set up claims to ensure she is supported through the process. 
If someone has suggested you could be her carer then presumably she already receives PIP ?
I think you need to establish exactly who helped her to make this claim- was it DWP or citizens advice help to claim team ? If it is a joint claim then it needs to become a single claim and you need to be removed. Once that is done your income would not affect her claim.

johnnyren

Rubyroobs said:

johnnyren said:

Rubyroobs said:

Are you her carer or is she just your lodger? If you are away a lot of the time then you aren't providing 35 hours of care a week for her which is the criteria for claiming carers allowance. I mean it is possible in theory to claim carers for her if you were providing 35 hours of telephone support whilst you aren't there but could be questioned.
If you are not a couple then your earnings or pension don't come into it. She claims benefits as a single person with no income. The DWP may query this but you would just have to explain the situation and that she is just a lodger. 

I’m not her carer ,   She is getting all her support from her doctors and councillors,       I wasn’t present at the phone call with the dwp so I have no idea how the conversation had went and how it’s came about that my earnings have to be taken into consideration ,      I’m only looking out for her and would neverhave her out on the street but I’m feeling like she’s not explained her situation properly in the phone call and she is maybe not going to get the benefits she needs 
as I said they mentioned me being able to apply for some sort of carers allowance as I’m not at pension age ,    Which makes no sense to me 

Ok well clearly the dwp advisor got the wrong end of the stick or she didn't make it clear you weren't a couple or that you are not her carer. 
When she makes a claim for Universal credit which will be the main benefit she claims, she would be asked if she has a partner who she lives with. I think you need to check with her that she has not set up a joint claim although to do so would need you to make a claim and then link your claim to hers so I think it's unlikely she would have done that. If she has accidently done this then it should be fairly easy to rectify by reporting a change that she is not in a couple. I don't think DWP would just set up a joint claim without consulting you?
If she is vulnerable due to her mental health issues then she really should get some help from CAB or UC help to claim team to set up claims to ensure she is supported through the process. 
If someone has suggested you could be her carer then presumably she already receives PIP ?
I think you need to establish exactly who helped her to make this claim- was it DWP or citizens advice help to claim team ? If it is a joint claim then it needs to become a single claim and you need to be removed. Once that is done your income would not affect her claim.

Thank you for your reply ,   Your last paragraph has pretty much nailed it ,     I think the claim process has been a bit overwhelming and things have got mixed up along the way 

Muttleythefrog

Agree with above advice... same address but different households... no relationship.. hopefully get resolved quickly and they have a single claim with your circumstances completely irrelevant and ignored. I wonder if she will need to leave UC a message saying clearly she should be considered a single claimant as she is not in a relationship with the person she shares the address with... clearly UC did get wrong end of stick. If they enquire with her about arrangements in the address to confirm you are not a couple - different bedrooms... separate grocery shopping and storage of such... cook separately... that kind of thing may arise and need to be specified. (For your general reference DWP are inherently suspicious/query keen about people claiming to not to be couples when they are living together - because you can bet more benefits as two single claimants than a claimant couple... I was only early 20s when I faced query as to whether I slept in the same bed as the near 60 year old pub landlady!).

Lucky for the DWP you don't sound the litigious sort. I wonder how the law would address the DWP collecting data they have no right to hold about you and worse exposing your personal information to someone in a separate household. One can wonder.