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What happens re benefits if a working partner moves in with you?

47 replies

CabbagefromaBaby · 09/01/2011 18:46

I hope someone will have experience of this and be able to advise.

I'm a single parent currently on benefits, however my partner and I are discussing living together.

He earns but not consistently and would probably not be able to support us on what he earns (varies from approx nothing per week to at most £500).

I don't want to cheat the system but am worried about how we would manage - can anyone tell me which benefits we'd be able to claim still, and what would go?

I currently get IS as the children are young, also DLA due to mental health problems.

And housing benefit of course. I could handle a minor drop in income if he was living here as I'd have more help with things. I just want to be prepared and be able to plan.

Thankyou.

OP posts:
Rockchick1984 · 26/05/2017 18:51

If he wasn't living with you though, he would presumably have to pay rent somewhere, and all the bills that would go along with that? Why can't he use that money to support you?

Desperado76 · 27/05/2017 14:07

He could no longer afford to rent due to being out of work. Hence why I said he could live with me. He's now employed but only has been for two months and is earning considerably less than he was. So almost every penny goes to his wife, house and kids. He contributes to food.

WatchingFromTheWings · 27/05/2017 14:37

So almost every penny goes to his wife, house and kids. He contributes to food.

He needs to look into that. He needs money to live on too. If he's paying through cms he needs to let them know he's had a drop in income. If it's court ordered he needs to get a new order done.

Desperado76 · 27/05/2017 15:18

Yes, I think so too. He's not court ordered. Just afraid of the consequences with the kids if he doesn't hand it over 😕 I know he's not alone there. But you're right. He needs to take advice. Thank you!

Tomsdottir · 27/05/2017 18:50

I'm sorry to hear about what has obviously been a tough time. Most of us would struggle to adjust to such a sharp drop in income, and when you have to cope with the challenges of a health problem and a benefits appeal too, things must feel pretty overwhelming. I'm glad to hear that you are going to contact the CAB, who will almost certainly carry out a benefit check for you.
In brief, when you are living together with a partner as though you were married, you are treated as a couple for benefit purposes.
For means tested benefits like income related ESA, you are no longer entitled if the claimant works for 16 hours or more a week or their partner works for 24 hours or more a week.

Whilst you are getting ESA, you can do certain types of work - "permitted work" which means that you can work for under 16 hours a week, earning up to £120 a week, and have all the earnings from this work disregarded when looking at how much benefit you qualify for. (This is to encourage people who are sick or disabled to prepare for returning to work.)

However, once you lose entitlement to ESA, as you have discovered, your earnings, along with your partner's, are taken into account in full when working out entitlement to benefit, subject to a £20 disregard because you have been found to have limited capability for work.
Means tested benefits generally work by working through a 3 step process:
a) how much do you need to get by on a week?
b) how much assessable income have you got coming in (after disregards and ignoring benefits like DLA/PIP which aren't there for rent or day to day living expenses, but for the extra costs of disability) and
c) what's the difference between steps a) and b)?

If there is a shortfall, benefit can make up the difference and if you have excess income, you don't qualify.
We've seen that you don't qualify for income related ESA simply on the basis of your partner's working hours. When it comes to housing benefit, the three steps work like this:
a) Because you are a couple, you need £114.85 a week to buy food etc. The first £114.85 isn't available, therefore, to pay your rent. This £114.85 is called your "applicable amount". Previously, you would have had extra amounts included, called "premiums" included in your applicable amount because you were getting DLA, but since you aren't getting DLA or PIP just now, these aren't included.
b) Your income and your partner's is added together, and then £20 is "disregarded". So say, for example, that your joint income was £220 a week - for benefit purposes, you are treated as having £200 a week.
c) Your assessable income (£200) exceeds your applicable amount (£114.85) by £85.20. This is called your "excess income". For housing benefit purposes, you are expected to contribute 65% of your excess income ( = £55.38) towards your rent (and usually, 20%: £17.04 towards your council tax).

So say your rent was £150 a week. You would be expected to pay £55.38 towards your rent, and housing benefit could help with all or most of the rest. I say all or most because some people have a cap of some kind applied to the amount of the rent they can get help with. That is often the case where they are considered to be under-occupying (the bedroom tax), or where their rent is considered to be too high, compared with other rents in the area.
If all of your rent is not being covered by housing benefit, you can apply for a Discretionary Housing Payment from the council. However, if it looks to the council as though there is enough money coming into the home from both members of the couple to afford the rent in full, they may not agree. The CAB will be able to give you more advice about this.
The other thing the CAB will advise you about is that, depending on what part of the country you live in, you may not be able to reclaim housing benefit, and may have to claim Universal Credit instead.
If this is the case, make sure that they explain to you what would happen to you if you were later to claim benefit as a single person. I'm not suggesting that that's about to happen - but as we know, it's good to get sound advance advice on what can happen if we end up alone.
The CAB will also be able to advise you, I expect, about your PIP appeal. If at all possible, try to get representation from them or a disability rights group. You could also go to the website for Disability Rights UK and look at their factsheet on PIP. MIND UK have a fantastic website too, which also has a forum for people affected by the issues you discussed.
I hope you will try and take extra care of yourself at this time. Please consider going to see your GP if you are feeling more stressed or depressed than usual. Also, please put the (free) phone number for the Samaritans into your phone:116 123. You don't have to be suicidal to call - you may just feel as though you are absolutely on the edge. I think that many people who have never had to get by on benefits with a mental health problem have no idea how overwhelming it can feel. Don't deal with this by yourself!

Desperado76 · 28/05/2017 14:37

Tomsdottir - your post made me cry. I can't thank you enough for being so helpful. Your post is so incredibly informative and I have screen grabbed all the information. It's been an extremely difficult week along with the physical pain and my dad being rushed into hospital. I'm honestly surprised I've made it to Sunday. My GP is aware of both my physical and mental issues at the moment and I have regular reviews and future hospital appointments and counselling. The information you provided at the end of your post is completely invaluable to so many people. Thank you for being so kind and please continue to support people in the wonderful you do xx

Mummmy2017 · 31/05/2017 16:16

If you start a new claim don't you go onto UTC? as I know you have to report your income each month on that and they adjust as they go.

Engeebaby · 03/06/2017 18:04

My partner was claiming hb before i moved in with him but i wasnt working then. I got a job some months ago but we didnt call the council to update.we got evicted and we are at a b&b provided by the council. We just got a letter saying my partner would have to pay back the hb recieved and also pay for our stay at the bed and breakfast. .what do we do . He recieves wtc, ctc and cb. But the hb has now stopped. .pleade can i get a CAB staff to guide me on what next?. Would also appreciate advices from members
Thanks

Babyroobs · 03/06/2017 20:00

Engeebaby - I assume you have informed tax credits that you have moved in together and that it is a joint claim ? otherwise he will end up with an overpayment there too.
Your dp will have to try to negotiate paying back the HB, hopefully they will allow him to pay back gradually.

Engeebaby · 03/06/2017 20:52

Yes the tax credit is joint claim but we just didnt think we should have informed tge council then. .

Danzo902100 · 02/08/2017 11:20

Hi could someone help me please,I'm a mother of 4 and I'm looking to find a private property to rent as don't want to stay in London I'm currently working but handing in my notice end of the month,when I move me and my children's dad are looking to move in together could anyone please advise me as to how I could go about this,a lot of landlords won't take HB,I'm currently on full HB he earns 1600 a month before tax and NI,should I find a property then declare we're a couple or should I contact wtc and HB before hand I know if I declare it first it would make it easier for us to find somewhere a lot sooner,but dose anyone know how long HB take to change the circumstances as we may need HB top up,thanks in advance

19lottie82 · 02/08/2017 13:11

Hi danz you will get a better response on here if you start your own thread Smile

Danzo902100 · 02/08/2017 13:56

Hi I'm new to this how do I start a new thread?

bimbobaggins · 02/08/2017 17:36

Danzo, you are with the father of your 4 children as a couple so of course you declare you are a couple. Not sure why you even need to ask

Babyroobs · 02/08/2017 17:43

No Bimbo - read it again - they are looking to move in together after having 4 kids together !!!

bimbobaggins · 02/08/2017 18:43

Well,I'm just wondering how you can have four kids with someone and not already live with them?

Babyroobs · 02/08/2017 19:05

Bimbo - plenty of people manage it. Usually a case of the kids dad living with his mam round the corner - officially that is !! Means lots of extra benefits for the 'lone' parent . I know plenty doing it.

BishopBrennansArse · 02/08/2017 19:07

Also check to see whether you're in a universal credit rollout area as well.

Thing is this will be treated as a new claim and you'll only get money for first two kids.

Sophiedaniles · 29/09/2017 18:32

Mum of 19 to a one year old who is my world. One year old was born with 4 finger missing due to amniotic band. I currently receive income support child tax credits and child benefit. And I am thinking of moving in with my partner he earns over 30,000 a year would this affect my benefits is there anything else I could claim I'm not sure that she is seen as disabled so I'm not sure about that area of benefits and I am starting work in a months time just 16 hours.

Sophiedaniles · 29/09/2017 18:34

Posted in wrong place ignore my post sorry. (New here)

mercygfu7 · 08/12/2019 22:04

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FabbyChix · 09/12/2019 18:14

Your basically lose it all it keep the flag and family allowance, full rent lose the single persons council tax he lives in he has to support you

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