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Weekend lover

Question

I've been seeing a girl for about two years and I stay at her flat on Friday and Saturday nights. The benefits agency recently visited her and said her money may be stopped because I live there. Could this really happen when I only stay there at weekends? I live somewhere else and I'm looking to buy my first place so I can't afford to support her if they stop her benefits.

Answer

Unfortunately the benefits system usually requires you to prove yourself innocent in this kind of case. Equally, you can be investigated by both the Department for Work and Pensions (DWP) and your Local Authority, as benefits can come through both sources.

Having said that, this case does seem different as you only stay at your girlfriend's on weekends. You are not a couple in the way the Government would define a cohabiting couple, for which the following criteria is used:

  1. Do you live in the same household?
  2. Do you have a sexual relationship?
  3. What are your financial arrangements?
  4. Is your relationship stable? 
  5. Do you have children?
  6. How do you appear in public?

From the information you have provided, you would not seem to meet the most crucial of these. In other words, you don't live in the same household and you don't support her financially, over and above what would be considered normal for a dating couple. As you live in separate houses, you will pay council tax and utilities for your property and you will appear on the electoral register for your house and not hers.

Since you can prove quite plainly that you are not a cohabiting couple, it would be unlikely that the benefits people could stop or reduce her benefits. She will be able to appeal the decision, but during the period of the appeal, the amount of money she gets may be reduced.

It may help you to seek advice and support from your local Citizens Advice Bureau (CAB), as their advisors may have contact with the DWP decision maker in your area who deals with these kinds of issues.

Updated: 15/09/2006


Question answered by CAB


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