compliance

Hoping someone can offer advice. Someone has made a accusation to concentrate plus that I was cohabiting with my friend. We are very good friends and do have a intimate relationship. However he does not give me money, I pay all my own bills etc. Apparently the accusation is that we go shopping together and socialize? I had no idea that because I receive WAS and DLA that meant I was not allowed to have a relationship. Also I have just moved 5 days ago into a new house that he has invested in. He lives with his mother and pays the majority of the bills there as well as supporting her. He has invested in my house for financial reasons at this time. We are both hoping to make a profit in the future. We did this through our solicitors and have a deed of trust outlining each of our individual investments. Today we are told that he can only spend two nights a week with me or my benefits will be stopped because in their view he should support me. Is this true? I am thinking this is discriminatory as I cannot work (I am in support group) but genuinely He does not support me and never ha. Help please if anyone can.

Hi Colleen,

I'm afraid that this is not a straight forward issue and the '2 day rule' is not absolute. For example, a lodger could stay with you 7 days a week but still not be viewed as a partner whereas someone could live elsewhere for much of the time and still be deemed a partner by DWP.

The fact that your friend has never supported you financially might or might not go in your favour. DWP expects partners to support each other finanacially.

I think you should really try and get some face2face advice about this. CAB would be a good place to start.

Hi C,

As stated by MHB, this is quite a complicated area of benefits law.

With regards to co-habitation, the test is generally where your partner's usual place of residence is.

I am assuming that you are in receipt of Income Related (IR) benefits, your DLA should not come into it, as it is non means tested.

For IR ESA in particular, there is a 24 hour working rule with regards to your partner :

24 hour work rule for ESA(IR)

&

Asset rule for ESA(IR)

Even if your partner was not working the maximum permissible 24 hours/week, if he was classed as co-habitating his income would be counted £ for £ with regards to any IR benefits that you may be entitled to.

So the crux of the matter is whether or not the DWP deem you to be co-habitating or not.

Where to get advice?

bro58

LODGERS

Sorry to chip in here but can you, therefore, rent a room to a lodger and it NOT be taken into account re: ESA©?

Cheers

P.

petrocelli wrote: LODGERS

Sorry to chip in here but can you, therefore, rent a room to a lodger and it NOT be taken into account re: ESA©?

Cheers

P.

Hi p,

See : www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme

bro58

bro58 wrote:

petrocelli wrote: LODGERS

Sorry to chip in here but can you, therefore, rent a room to a lodger and it NOT be taken into account re: ESA©?

Cheers

P.

Hi p,

See : www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme

bro58

See also : www.insidehousing.co.uk/tenancies/lodger...-tax/6522846.article

There is a lot of information available on the internet regarding this.

bro58