told to join partners JSA claim instead of IS as he stays 3 nights per week?

One of my clients has today been told that as her partner stays at her house 2/3 nights per week she must join his JSA claim instead of continuing to claim IS as she is committing fraud.
Is this correct? Housing Benefit don’t have a problem with it and I am unsure as to what to advise.
Would appreciate some help.
Many thanks

Oh, the old ‘3 nights per week’ chestnut…

If the partner is not a member of the client’s household they are not cohabiting even if he/she does stay over every weekend (or whatever). To establish that, the usual ‘cohabitation signposts’ should be considered (does he/she maintain an address elsewhere? What are their financial arrangements? Is the relationship stable? How are they seen in public? etc).

It isn’t clear who has told your client she is committing fraud- is it someone from the DWP or ‘someone up the road’? If the DWP has reason to believe your client is cohabiting they should issue a formal decision on that basis. The client can then excercise their right to appeal against it.

Oh for crying out loud!  Not this again.  The question is do they live together as husband and wife?  This is a question of fact which encompasses all the usual factors, such as does he have another property?  Where does he keep his belongings?  At what address is he registered with a doctor and a dentist?  Where does he get his mail delivered?  Where does he pay his council tax from?  What address (if he was employed) does his employer have him down as living?  This list is illustrative not exhaustive.  The DWP/LA’s have been told time and time again that a simple numerical approach to how many nights a person stays with another is wrong.

Thank you and sorry for the lack of info in my first post.

Client had a work focused interview today and was told this there, also told she should expect a call on monday regarding this from someone else at dwp.
Client has a 5 year old and 1 year old, partner has address elsewhere.

In a nutshell, that’s rubbish. There is no fixed criteria for when two people become a couple for benefits/tax credit purposes, especially not on some arbitrary nights stayed basis.

I’ve tried to find something online to explain in more detail, this article, although a good few years old, outlines the approach that DWP need to take Living together appeals revisited

Thanks everyone, much appreciated. This may be my first question here but probably not my last!

I will have a read through that link and do some more research before I see my client again on Monday. Thanks again.

It may also be worth casting an eye on the decision maker guidance http://www.dwp.gov.uk/docs/dmgch11.pdf

Thanks Altered chaos, I have had a look at that link and feel more able to discuss the situation with my client now, very helpful. Also you work too late!