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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70281
Experience:  Over 5 years in practice
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Hi - I like to know how many days a week I can stay at my girlfriend

Customer Question

Hi - I like to know how many days a week I can stay at my girlfriend house --- she is getting Divorce -- she doesn't work and she get some benefits-- I work away in Iraq 9 weeks there and 3 week in the UK -- I like to know if I can and how many days a weeks with out having any effects of her benefits or getting her in trouble
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Which benefits is she on please?
Customer: replied 3 years ago.

My name is matthew --- I think it must be child working tax as it around £600 a month

Expert:  Jo C. replied 3 years ago.
Thanks.

If it is WTC then that will be means tested so your regularly presence at house. Some benefits are not but most are moving in the direction of being means tested.

The question that you pose has no simple answer in truth. The issue though is not how often you stay there but whether or not you are sharing expenses. In fact, some people living apart but still share expenses such as a person working away.

Generally speaking though, the DWP will consider the number of nights spent at a property. Everybody is entitled to a relationship whether they are claiming benefits or not and relationships involve having partners over. As a rule, if you can show that you do keep a property elsewhere, the DWP will accept that staying over up to two nights a week should not amount to sharing expenses.

You do need to declare your presence there though. If they find out by any other means they will presume that you've spent much more time there.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


thank you for your answer

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.