Hi All,
Have searched the forums about this already and have gleaned a few tips but hoping some more light can be shed on this one. I have a client lives with 'landlady' but loose relationship nothing formal with rent or lodging, it is more that they both care for each other really as have mental & phys health probs. IS recently decided that they are actually cohabiting as she had put his name on the gas bill with hers etc. Money stopped, just before Xmas (nice), and they both only have their DLA now.
1. Any point in making another claim as individuals?
2. Can they claim as couple under protest whilst review/dispute ongoing, and if so how do they make sure that this is understood by DWP?
3. Any other options open?
4. Any other hope or should I be suggesting they claim as couple anyway?

Any comments and suggestions would be most welcome.
Sue

If the DWP have made a co-habitation decision any further claim as a single person will fail as long as the co-habitation decision is still operative. The co-habitation decision should be appealed and appropriate evidence obtained. The DWP bear the burden of proof here.

If a co-habitation decision has been made then the DWP should still pay benefit at the couple rate (all other conditions of entitlement being satisfied). If the decision is a complete disallowance then the claimant should state as a separate ground of appeal that if the DWP believe that he is co-habiting then he should still be entitled at the couple rate.

Of course he will then have to provide her personal details. If the DWP require another claim form to be submitted as a means of providing that information then he should make it clear on the claim form that the claim is made without prejudice and that he is only supplying the information pursuant to the DWP’s decision and that the co-habitation decision is currently subject to legal challenge.

This is not something that should be done by a telephone claim by the way.

Thank you that's really helpful. I'll give it a go.
Sue