undeclared partner what do i do now

[jabba jones]

 

There is also a person viewing this thread who is (or was) a fraud investigator. I will not name them - that is up to them whether or not they choose to name themselves as such, however they have confirmed previously on other threads also that the 3 nights rule is a myth.

 

I'm not sure if Erica means me or not, but as a recent ex Fraud Investigator I've already confirmed on this thread (& others) that this rule is & always has been a myth. Erica is spot on (as per usual) about how it started.

[bigsteve0000]

 

I've explained this before in the forum that it originated from an example given in a guide book years ago. Examples are not authoritive statements of the law, however many people including Jobcentre employees and Welfare Advisors took this example out of context and continue to do so

 

this may be what he was he was refering to, seems they take it more literally in this neck of the woods. an example in a guide book that they use as a point to work from. if thats all it is then maybe they should stop putting these examples in the guide books.

[ErikaPNP]

this may be what he was he was refering to, seems they take it more literally in this neck of the woods. an example in a guide book that they use as a point to work from. if thats all it is then maybe they should stop putting these examples in the guide books.

 

It is derived from a very small piece which was written in guidance years ago, which is designed to assist a decision maker in their determination. One of the examples was along the lines that someone staying 3 nights in one week might not be considered to be LTAHAW but if he stayed for 4 nights every week, it could be said that he is staying the majority of the week on a regular basis and they are a couple LTAHAW.

 

This piece of guidance was regularly taken out of context and as a result was removed years ago. What it was designed to do was point out that just because a person stays over 3 nights out of one week in one period (i.e. in the course of a year that person stayed over one weekend friday night to monday morning) that doesn't mean that he is living with his girlfriend, but if he stayed over 4 nights a week every week in that year, he was occupying the address as his main home therefore is living with his girlfriend.

 

That is where the idea originated from and despite its removal it is still blurted out frequently today.

[bigsteve0000]

sounds about right. it may not of been intended as a guide line but an example, it is a sensible way of looking at it and would make sence that its treated more as guide, they seem to be using it as such.

 

will try catch up the cousin and her hubby. been to long since I last saw them anyway. one of the draw backs to unemployment is you tend to lose contact with people and spend to much time on your own, on your arse and online.

[shazmojo]

well i'm off to admit my wrong doing fingers crossed i will be back later to tell all

[bigsteve0000]

good look with it.

[shazmojo]

well all done now just have to wait 2/3 mths till they decide what to do with me, many thanks for help

[tabs666]

Hi, I'm a Fraud Investigator, and the mythical 3 night rule does not exist !!!! If only it were that simple.

[shazmojo]

tabbs perhaps you can help me then, i have done my interveiw & admitted what i did was wrong but wasn't something i planned just very difficult circumstances

i know i didn't explain circumstances properly during taped interview can i write a letter to go to the the decision maker so that they are aware of everything or should i just wait for a decision from them

thankyou

[Surfer01]

Makes me wonder how we would fare if our son or any of the daughters came for a visit and stayed over for two or three weeks while on holiday. Both of us are in our sixties and on housing and council tax benefits.

[ErikaPNP]

Makes me wonder how we would fare if our son or any of the daughters came for a visit and stayed over for two or three weeks while on holiday. Both of us are in our sixties and on housing and council tax benefits.

 

Hi Surfer. That situation is completely different and would not affect HB or CTB.

[Surfer01]

Thanks Erika.

[tabs666]

Shazmojo

yes of course you can write a letter, it can do no harm at all. I always tell people after an IUC that if anything comes to mind afterwards, or they remember that they have documentation, proof of anything that might help support their argument they should send them in. The investigator is duty bound to follow all reasonable lines of enquiry either to prove or disprove an allegation.