how long can a partner stay

[shelby45]

Not sure if this is the right catergory, want to know how many nights a single occupant woman can have a partner stay over her house before it is declared that he 'lives' with her??

[sara3]

declare for what purpose? benefits? council tax? housing association?

[shelby45]

For council tax/benefit purposes!

[MWB]

I'm from New Zealand & used to work for Social Welfare.

You say "partner." So he is your partner though you say you don't live with him. Weird that.

Anyhoo. In NZ, it is any more than 3 nights.

Long gone are the dawn raids to see if "he" was living in a womans house, checking if both sides of the bed are warm, counting how many toothbrushes, (& if it's wet) if any mens clothes or shoes were around.

[sara3]

there are no strict rules like "3 nights is okay, 4 isn't".

it depends on things like your lifestyle as a couple, shopping, holidays, how you spend your social time, etc. I would always ask, "why aren't you living together?" if it's for the sake of preserving your benefits, that's not right.

so why aren't you living together?

[shelby45]

Thanks sara, the thing is, firstly, its NOT me (honestly) Im happily married. But my daughter (who is on benefits) has met a man from around 60 miles from where she lives. He has his own place and she hers. They are spending time between the two and she wants to be 'on the right side' and ensure he is only at hers for the 'allowed' time. The rest of the time she is happy to drive down to his and stay there. There are some occasions when she is at his for a week and vice versa. She has horrible neighbours and is worried of getting 'caught'!!

[sara3]

well there is no "allowed" time but in my honest opinion, it seems they're spending almost all their time together, at her place or his, and may well be considered as a couple for benefits purposes.

neighbours often "grass" and Living Together prosecutions are top priority for a benefit fraud investigator.

she needs to be very very sure if she carries on claiming..

[ummmm]

So they don't share any finances?

[pink-kittens]

As sara says there is no allowed time
For the purpose of benefots there is also no allowed time, if he stays over even one night they will be considered (by DSS standards) to be co-habiting
Oh you'll get those who will tell you 'in my area they allow .....' when in reality it is the same rule where ever you live
Call the DSS offices for your own definitive reply

[bednobs]

yes, you don't have to give your name to call and ask.
I once rang up on behalf of a client - in my area they say that anything "regular" is classed as living together (So even if it's once every month, that could be classed as regular)
even if they do "declare" it, all that will happen is that they might lose one day's benefit or whatever

[sara3]

I think the "losing 1 day's benefit" is incorrect.

LT is considered to be a long-term arrangement, and therefore the couple will be assessed as a couple. if one of them works, their wages/hours worked will be taken into account for the couple.

[themas]

pink-kittens is wrong about the one night issue. There is no rule (as sara says). If a one night rule applied anyone who had a one night stand could be at risk!

The decision is not just made on sleeping together. A number of factors are taken into account including those sara mentions and also the finances, and whether they are totally separate or are in any way joint. Other factors are what address each of them uses for correspondence & where are their clothes kept (& toothbrush, razor etc.)

Having said that, if he is at her home on occasions for a week at a time and this gets reported she could have trouble - at the least she could be subject to a pretty thorough investigation.

[chippaboro]

I live in Uk and am seeing a girl here,I would like to know what the benefit law is for the amount of nights I can stay at her house or her at mine as we are both on jobseekers allowance?She has a 14 year old child so it is better for both of us to stay at her house but she is very scared about flouting any rules or laws the benefit office have cocerning co-habiting.We may one day move in together but don't want to be pushed into co-habiting until we are both sure its the right thing for us.