social security law

Former Member

does anybody know the law with regards to a boyfriend staying over when your claiming income support, only my income support has been stopped because the benefits agency believe we are cohabiting when were not.

i have just read an article by someone called neil bateman that states

"it is a modern day urban myth that a women whos boyfriend stays more than 3 times a week will have her benefit stopped, but it is so widespread that it is not unknown for benefit officials to repeat it.

some parts of the country it appears that the rule is 4 nights while in one area i was told quite definitely that five nights was permissible.

the correct legal position is that there is no three, four or five night rule. he can stay as many nights as desired. provided that both parties have seperate households that should be the end of the matter"

this was written in 2001!!
does anyone know the actual law with regards to this matter, or any organisations that could find out for me (not the CAB, there rubbish in my area)

Former Member

I think you'll find that it's about where he spends the majority of his time, where he claims his place of residence etc.

If he has toothbrush, clothing etc stashed at yours then they are likely to assume that he lives there.

Have you asked on what basis they make their assumption?

Former Member

is assume the benefits agency may well know the law? They might have misinterpreted your circumstances?

Former Member

IME, benefits workers rarely know what they're on about.

Try contacting your local CAB.

Former Member

Blagsta wrote:

IME, benefits workers rarely know what they're on about.

Try contacting your local CAB.

well there's going to be a manager somewhere. Just keep making nice.

Former Member

As long as they believe you are cohabitating,you will be treated as "husband and wife" and you won't be able to claim income support unless you claim it as a couple. I'm guessing your boyfriend works full time though? In which case, you won't be able to.

Former Member

Try contacting the CAB through askTheSite - it's an issue they've addressed before for people.

http://www.thesite.org/community/askthesite

The service is free and you'd have an answer within three days

Former Member

ShyBoy wrote:

well there's going to be a manager somewhere. Just keep making nice.

IME managers don't know shit either.

Former Member

Blagsta wrote:

IME managers don't know shit either.

What about the people who write the law then? Or is it just collective ignorance?