In benefit land, you can clearly be a lone parent and be married, as long as you live as a lone parent. However, this case presents considerable problems.
Section 3(5) of the TCA says...
"In this Part “married couple” means a man and woman who are married to each other and are neither—
(a) separated under a court order, nor
(b) separated in circumstances in which the separation is likely to be permanent."
Sub section (a) looks to be a non starter, as does (b). Ironically, even if there was no intention to live together, it would be difficult to argue they have separated, if they had never lived together in the first place! I suppose the argument would then have to be that they separated at the alter, so to speak. No matter: In this case, I reckon they are stuck as being a couple, and will have to apply accordingly. Cold comfort that social security would surely decide they were not so.
Steve
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