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When does it become cohabiting?


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For the purposes of claiming benefits which are reduced/withdrawn if you have a "partner"?

 

For example, if your boyfriend stays over, how many nights can he stay over before he's deemed to be living there? What if he stays a week sometimes, or two weeks?

 

Or does the length of stay not matter so long as he can prove that he pays rent/mortgage/council tax on another property?

 

Curious to know.

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There are no hard and fast rules, each case is looked at individually. The "three nights is ok" is a myth. (Yes despite people being told this by JCP employees - there is no actual legislation to back this up that I have ever stubled upon, and often it is found that while one JC employee will say three nights, another will say not at all) The "as long as the other person is not named on bills or mortgage" is a myth. Even if a partner is not actually residing in the property, they can have a person for fraud if a financial link is found, i.e the other person regularly contibutes to the finances of the household. For example, a person can be liable for council tax on a property and be paying rent or a mortgage on that property, named on the mortgage or tenancy agreement, but that does not mean that they are not contributing to another household. There is no straight answer I'm afraid.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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Thanks Erika for the response.

 

I'm surprised to hear there are no rules, because that makes it really hard for the JCP staff as well as making life hard for claimants who wish to remain on "the right side of the law".

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I never said there wen't any rules relating to co-habiting, just nothing hard and fast relating to the length of time a boyfriend or girlfriend can stay overnight, and that I'd never come across any legislation which gives a set number of nights. JCP staff will have guidlines which they can refer to. For the claimant, It's just a case of applying some common sense to what can be deemed as reasonable. If someone has not declared that they have someone else contributing to the household (which is a condition of receiving benefits - declaring all income from all avenues and reporting changes in circumstances such as a partner moving in, or beginning to contribute to the household) then they have broken the conditions of entitlement.

 

The long and short of it is, it is safer to declare everything because if they can find anything which they can use as evidence of there being a live in partner, they can and will use it if they have any suspicions or reports. If you have already declared it and they have been aware of it, they can't take it further. Unless of course they discover it had been going on for some time before it was declared.

Edited by ErikaPNP

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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