What IS the law, legislation, actual fact on pepole staying overnight on who are on benefits

[THNX4THT]

I wrote to my MP about whether or not my boyfriend could stay overnight, he stated that if I could prove he was living somewhere else then it would not be considered as living with me if he had letters addressed elsewhere, didn't eat with me, didn't buy things or make any financial offering to me.

 

I checked with Social Services who said your benefit wasn't affected if it was 3 nights per week or less.

 

BUT in 2008, just prior to my partner moving in, I had a letter from DWP saying they were going to visit me as they had had a report that my partner was living with me.

 

I was told, that my partner could not stay overnight 1 night, as this would be considered as living together. I was told if I went away on holiday with him, this would be considered as living together. Surely, 8 years on this can't still be the case???

[antone]

There is no legal definition of "living together". When the issue arises, Decision Makers are expected to apply a common sense approach and look at the full facts of the situation. The guidance they use can be read here. Your MP isn't too far off the mark, actually.

 

Note that the so-called "three night rule" does not exist and never has - I really wish people like Social Services would stop spreading this misinformation.

[THNX4THT]

There is no legal definition of "living together". When the issue arises, Decision Makers are expected to apply a common sense approach and look at the full facts of the situation. The guidance they use can be read here. Your MP isn't too far off the mark, actually.

 

Note that the so-called "three night rule" does not exist and never has - I really wish people like Social Services would stop spreading this misinformation.

 

Yeah me too....I can't imagine how many unfortunate people have taken the advice of Social Services and found themselves in deep water...Social Services are supposed to be there to help people, not cause problems!

 

Very good quote, will have to remember that one.

[THNX4THT]

If I have a friend who claims Carers Allowance so they can be my carer, and sometimes stays over, will they be considered as my partner? ORRRRR if my B/F claims carers allowance and cares for me, will we then be classified as living together as if married?

[antone]

The decision as to whether two people are living together is not directly affected by whether one is the other's carer.

[id6052]

if you are living on your own and receiving the severe disability premium - you may be worse off if someone claims carers allowance for looking after you