Separated but living in the same property

Means-tested benefits are universal credit, income support, income-based jobseeker’s allowance, income-related employment and support allowance, pension credit and housing benefit.

If you have separated from your partner but are still living in the same home as them, you may be able to claim benefits as a single person or, if you have dependent children, as a single parent.

If you decide to claim benefit as a single person or single parent while living in the same property as your ex-partner, you may need to provide additional information to convince the Department for Work and Pensions (DWP) or, for housing benefit, your local authority, that you and your ex-partner are no longer a couple.

If you are a member of a couple your entitlement to means-tested benefits is normally assessed on the basis of the circumstances of you and your partner. In addition, for universal credit (UC), both members of a couple normally have to make a joint claim. Similarly for income-based jobseeker’s allowance (JSA) you may be part of a ‘joint-claim couple’.

You count as a ‘couple’ if you and you partner are:

• married or in a civil partnership and are members of the same household; or,
• not married or in a civil partnership but are ‘living together as if’ you are married or civil partners. This is sometimes referred to as ‘co-habiting’.

This applies to both same-sex and different-sex couples.

Different rules may apply if you are polygamously married and, for pension credit, if your partner is a ‘person subject to immigration control’. If either of these circumstances apply, get further advice.

If you and your ex-partner are married or in a civil partnership

If you and your ex-partner are married or in a civil partnership, you are treated as a couple if you are members of the same household. If you are members of different households, you can qualify for means-tested benefits as a single person or single parent.

Household

The term ‘household’ is not defined in the legislation. Living in the same physical property is not necessarily the same as living in the same ‘household’, and you can be in separate households while both living under the same roof. A house or flat can contain a number of separate households.

If each of you has use of your own exclusive living accommodation you should be treated as living in different households. If you share living accommodation, other factors are considered when deciding whether you are members of the same household. To be in the same household there normally must be a particular kind of tie, binding you together in a domestic unit.

For example, you may be in separate households if:

• you have independent arrangements for storing and cooking food, or for eating separately; or
• you have independent financial arrangements or separate commitments for household bills and other costs; or
• there is no evidence of ‘family life’.

If you are still married or in a civil partnership, even if there is a shared understanding that the relationship is at an end, this may not be enough to show you are in separate households.

Therefore it is important to provide information and, if you can, evidence to show you are living separately. For example:

• details of sleeping arrangements to show that you are occupying different physical spaces;
• bank statements to show your independent finances, separate financial obligations and the purchasing of your own food;
• details of how food is stored separately;
• details of how meals are cooked and eaten independently;
• details of plans for you or your ex-partner to move into different accommodation if this is the case;
• details or evidence of applications for other housing or a refuge place;
• evidence which helps to show that there is no ‘family life’, such as confirmation or evidence of abuse from the police, your GP, a social worker or domestic abuse worker.

If you and your ex-partner are not married or in a civil partnership

If you and your ex-partner are not married and are not in a civil partnership, you will count as a couple if you are ‘living together as if’ you are married or civil partners.

There are a number of factors which are normally considered relevant to whether you are ‘living together as if’ you are married or civil partners.

None of these factors is conclusive on its own, and the decision will depend on your individual circumstances. Your situation should be looked at as a whole, and the overall quality of the relationship should be considered, including the emotional aspect of it. This includes your interdependence, devotion, love and affection. The following questions or ‘signposts’ are relevant:

Do you live in the same household?

See above for information on the meaning of ‘household’ and the evidence that may be relevant to showing you and your ex-partner are living in separate households. If you and your ex-partner are not married or in a civil partnership, even if you live in the same household, you may be able to successfully argue that you are no longer a couple.

Do you have sexual relationship?

Although the DWP or local authority is unlikely to ask you directly about this, if you do not have a consensual sexual relationship it may be helpful to inform them of this.

What are your financial arrangements?

If you have separate financial arrangements, explain how you manage your finances, make payments for bills or split bills and so on. If your financial arrangements have changed because of your separation, explain how they have changed.

Is your relationship stable?

If your relationship has ended permanently, explain this and explain that it is due to abuse and/or other factors. Explain, as much as you feel able, the history of abuse. If professionals have been involved, such as the police, courts, domestic abuse workers, social workers, your GP or counsellors, include details of this. If possible, include any relevant evidence of this or of the abuse. Set out your long-term plans for living arrangements. If you and your ex-partner effectively lead separate lives, you should state this and explain the ways in which you do so.

Do you have children?

Although having children together and living in the same household as co-parents may strongly indicate that you are a couple, it is not conclusive, so if you have children together explain the reason why you are still in the same property.

How do you appear in public?

Whether you still present yourself as a couple to other people may be relevant. The DWP or local authority may check whether you present yourselves as a couple and may check the electoral roll and claims for other benefits, for example. If you do not have a committed, emotional, loving relationship that is publicly acknowledged you can argue you should not be considered to be a couple.

Challenging decisions

If the DWP or your local authority consider you are a member of a couple and you disagree, you can challenge the decision. For advice on challenging decisions and time limits for doing so, see ‘Getting a decision changed’ in our Welfare Benefits and Tax Credit Handbook (for subscribers).

Swapping from a joint UC claim to a single claim

If you and your ex-partner had a joint claim for UC prior to your separation, you do not have to make a new claim for UC but you should inform the DWP of your change of circumstances promptly. If the DWP accepts that you are no longer a couple, you can be paid as a single person (or single parent) for the whole of the monthly assessment period in which you separated, provided you informed the DWP of your separation within that assessment period. This time limit may be extended if there are special circumstances that meant it was not practicable for you to notify the DWP earlier, you apply for the extension of the time limit within 13 months of the change in your circumstances, and it is reasonable to grant your request. However, the DWP is likely to adjust the award for any period prior to the start of the assessment period in which you notify them of your separation if UC has already been paid to you as a couple over that period.  Get advice in this situation.

Your monthly UC assessment period remains the same as before your separation.

Further information

CPAG’s Welfare Benefits and Tax Credits Handbook

(for subscribers)

Universal Credit: ‘People included in the claim - Couples’ 

Other means-tested benefits: ‘People included in your means-tested benefits - Couples’ 

DWP guidance

Universal Credit: ‘Living together as a married couple’ (Chapter E4) in Advice for decision making: staff guide

Further help on benefits and tax credits

Advice line for advisers

CPAG’s publications

Welfare Benefits and Tax Credits Handbook, a comprehensive guide to benefits and tax credits for claimants and advisers which is available in print or online.

CPAG’s Early Warning System

The Early Warning System gathers information and case studies about how changes to the benefit system are affecting the wellbeing of children, families and the communities and services that support them. This helps us explain the impact on families and work for improvements in the system, to deliver better outcomes for children.
Early Warning System

Further information and advice on domestic abuse

If you are in immediate danger: phone 999

Women’s Aid

A federation of frontline domestic abuse services, supporting women and children

Women’s Aid (England)

Welsh Women’s Aid

Scottish Women’s Aid

Scotland’s domestic abuse and forced marriage helpline

sdafmh.org.uk

National domestic abuse helpline

Tel: 0808 2000 247 (Freephone, 24 hours a day, 7 days a week)

Online chat: nationaldahelpline.org.uk/Chat-to-us-online

Respect Men’s Advice Line

Help and support for male victims of domestic violence
respect.org.uk

Galop

Help and support for LGBT+ people who have experienced domestic abuse

galop.org.uk