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How many nights can my partner stay over before my benefits are affected?

(26 Posts)
patsy8 Mon 16-May-11 21:07:57

Hi Guys,
I have read so much conflicting information about how many nites my partner can stay over before my benefits are affected. Currently he only stays 2 nights a week... He has his own house... but just want to know where I stand if he starts staying more in the future

Thanks

OddBoots Mon 16-May-11 21:18:28

I don't think there is a magic number, they look at how you work your finances sharing meals, where belongings are kept and looked at from a 'balance of probability' point of view to decide if you are a couple or not.

patsy8 Mon 16-May-11 21:21:52

Thanks Odd Boots smile

madmadhouse Mon 16-May-11 21:22:19

I don't think its how many nights,but more how regular.i.e. every weekend.
Also if he in anyway contributes to household bills.Or you otherwise do things that would class you has a couple,such as food shopping.

Wamster Mon 16-May-11 22:20:29

I don't think there is a set number to this. Having someone stay over is not living with them. We all know the difference. Living with somebody means sharing a home, having someone stay over for a few nights a week is not.

I don't see how going shopping with somebody should affect your benefits unless, of course, they are buying you food but this would be so unprovable that I doubt that it is even considered. Anyway, if your friend buys you food, is this supposed to be declared? Because the only difference between a friend and a partner is a sexual relationship.

As long as you can both prove you maintain separate accommodation there should not be an issue. You have to be actually LIVING with them for you to be classed as a couple for benefits purposes. I suppose there could be an issue with undeclared income if somebody (and this could be anybody, not just a partner) gives you money. But this would be an issue of undeclared income and NOT an undeclared partner that lives with you issue.

patsy8 Tue 17-May-11 15:55:14

Thanks for help!!

fergoose Tue 17-May-11 18:13:46

there is no magic number - but they will look at any financial links you may have. Such as does he buy food, give you money for utilities, rent etc.

Wamster Wed 18-May-11 10:02:17

The reality is that the forms ask 'are you LIVING with a partner'. If not, you've done nothing wrong! Are you supposed to tell them every time buys you a cream cake?! smile

Wamster Wed 18-May-11 10:06:29

I don't think they can 'do' you as long as you are not actually LIVING together, they may 'do' a person for undeclared income from another source- but that is a different issue. And that income could come from a friend, partner whatever.

darleneoconnor Wed 18-May-11 10:19:41

The 'living together' test has 5 parts. Overnight stays, sex, having dcs, sharing finances eg bills, bamk accounts, loans, shopping andleisure like if you go on holiay together and if other people consider you to be a couple living together.
All of these are taken into account and if on balance you fail all your benefits will be jointly assessed.

Wamster Wed 18-May-11 13:03:38

You MUST actually be living together to be considered as a couple for benefit purposes if not married or civilly partnered. Simple as that. The acronym used is ltahaw i.e. living together as husband and wife
If both members of a couple can show sufficient proof of separate accommodation e.g. rent books and bills there should not be a problem.

I am NOT saying that if your partner gave your a large sum of money and you didn't declare it this would be allowed, but it would be no different from you not declaring a large sum of money from a parent or friend.

darleneoconnor Wed 18-May-11 21:52:51

That's not correct I'm afraid. They use the other measures to get the married couple who maintain 2 homes, you know, the commuter couples with town and country houses and the spouses who live next door to each other. People like that cant claim bebnfits seperately.

And in practice, if the DWP get a whiff of a potential fraud they will whip your benefits away pronto and it will be up to you to go to appeal to prove your case. so it's best not to give them ammunition in the first place.

Wamster Thu 19-May-11 10:39:15

darleneoconnor, But you are talking about married people here NOT people who are unmarried. To be treated as living together as husband and wife (and therefore NOT actually married), actually living together must be present to be considered as ltahaw living together as husband and wife.

I am talking about UNmarried couples, not the married.

Lesleycar69 Wed 22-Mar-17 20:55:41

Hi my husband and I are separated he lives somewhere else but does stay at mine, due to us having children together he's not contributing to the household financially want to know how many nights he can stay at mine legally.

NotStoppedAllDay Wed 22-Mar-17 21:00:41

Be careful... they have toughened up since this zombie thread started

Janee12 Wed 27-Sep-17 09:39:06

Ok so my poor friend is in a situation and a bit of a mess sad she has her own home and 1 and a half year old. She claims housing benefit. Could tax is paid for and she gets income support.. she has had a on and off boyfriend for a while.. he works full time and has a morgage house. She told me he sleeps about 2 nights a week and visits for an hour or so every day.. he pays nothing towards bills she pays for every thing. He simply just stays 2 nights and pops over. There is none of his items there its just as simole as that. She never thought she was doing anything wrong as when she got the house and benfits there was no list to do and donts.. i happened to mention something to her.. and i have put the poor girl into total panic. She wont let him sleep over any more and only lets him pop over every so often.. she keeps saying to me its going to break them but she also says she has to think about her son and the last thing she wants is to comit benifit faud, lose her house because her benfits have been stopped and to get a crimnal record. She is that adament to keep things staright she is even thinking about breaking up with her boyfriend just to keep her son and herself safe. Iv never seen her this ill. She has said there has been no letters or funny people taking photos nothing out the blue so she is hoping that if she corrects things now she will be ok... can any one reassure her ? So i can pass the message on. Thanks guys smile

FeedMeAndTellMeImPretty Wed 27-Sep-17 09:53:14

Janee start a new thread as this is an old zombie one that has been revived from 2011.

Better yet, get your friend to come on here and post herself as she will get support and reassurance x

Meow34 Wed 27-Sep-17 10:00:10

Janee CAB were very clear with me that boyfriends can not stay over night ever, I challenged them on it as in my eyes someone staying over every now and then isn't someone living with you but apparently that's how the DWP see it.

MyDcAreMarvel Wed 27-Sep-17 10:06:21

Ahh the CAB that well trusted legal organisation that always gives accurate and up to date advice.

Meow34 Wed 27-Sep-17 10:24:19

Mydc should I not listen to them then? I was not trying to give out misinformation- I have a situation of my own going on which I have been seeking advice for so was just saying what they told me just yesterday afternoon. They have terrified me in all honesty the whole system seems bonkers.

Janee12 Wed 27-Sep-17 11:04:55

She has just made an account.. and she says she will make a new thread thank you guys

MyDcAreMarvel Wed 27-Sep-17 20:25:33

Meow no I know you weren't but they are notorious for bad welfare related advice.
There is no blanket rule on staying over . The dwp look at the whole picture.

Meow34 Wed 27-Sep-17 21:33:33

Oh thank goodness that makes so much more sense

Beetlebabe75 Thu 19-Oct-17 10:29:03

My partner stays over 3-4times a week... He doesn't contribute to household bills etc... He still lives with his parents.. I'm concerned my benefits will be affected.. I've hardly slept. And can't get through to cab.. Been trying for 48hrs..any advice or help would be much appreciated

Auspiciouspanda Thu 19-Oct-17 10:41:01

Beetle why are you allowing someone to spend 50% of the week basically living with you without contributing? At this point especially when he doesn't have his name on a tenancy or a mortgage it's very doubtful that you would be considered a single person. I'm a housing benefit assessor btw.

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