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What is cohabiting

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  • 09-04-2016 9:10pm
    #1
    shugy
    Banned (with Prison Access) Posts: 409 ✭✭


    I've seen plenty of talk on here through the years about people legally and illegally cohabiting but what actually is it. If one stays with a girlfriend one night a week, is that cohabiting or maybe every weekend, would that be classed as cohabiting.

    What about 3 nights one week and none for another 2 weeks.

    Reason for this thread is that I know someone who stays in his girlfriend's house(rent allowance) but not actually living there and wondering are they breaking the law.


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    #2
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If you have concerns that social welfare fraud is taking place please contact the department and let them work it out

    https://www.welfare.ie/en/pages/secure/reportfraud.aspx


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    #3
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Plenty of reading for you -

    http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/

    http://www.welfare.ie/en/Pages/Cohabitation.aspx

    Well worth your reading.


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    #4
    shugy
    Banned (with Prison Access) Posts: 409 ✭✭shugy


    Paulw wrote: »
    Plenty of reading for you -

    http://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/

    http://www.welfare.ie/en/Pages/Cohabitation.aspx

    Well worth your reading.

    Alot of reading there but still doesn't answer the question. So basically, one can't be in a relationship and have the partner stay over because if they do, that's cohabiting.


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    #5
    ShaShaBear
    Registered Users Posts: 5,528 ✭✭✭ShaShaBear


    shugy wrote: »
    Alot of reading there but still doesn't answer the question. So basically, one can't be in a relationship and have the partner stay over because if they do, that's cohabiting.

    "...a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship"

    I don't see how that doesn't answer your question. They are not living together, they are not cohabiting.


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    #6
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    ShaShaBear wrote: »
    "...a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship"

    I don't see how that doesn't answer your question. They are not living together, they are not cohabiting.

    Typically- a DSP inspector may well disagree with you.
    You do not have to be living with one another 7 days a week- to be in an intimate and committed relationship. If you are consistently staying in their residence a few nights a week- every week- its very hard to say you're not in a relationship.........

    You could very well end up in a situation where you have to argue this point- and there is no indication that you're going to win on that point.


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    #7
    ShaShaBear
    Registered Users Posts: 5,528 ✭✭✭ShaShaBear


    The_Conductor wrote: »
    Typically- a DSP inspector may well disagree with you.
    You do not have to be living with one another 7 days a week- to be in an intimate and committed relationship. If you are consistently staying in their residence a few nights a week- every week- its very hard to say you're not in a relationship.........

    You could very well end up in a situation where you have to argue this point- and there is no indication that you're going to win on that point.

    I was referring to the OP saying maybe at the weekends, or a few days one week and none for maybe a week or two. If it's the majority of the week, aka 4+ days and every week, I'd consider that cohabiting too. But a few days in one week and maybe not again for a fortnight - definitely not. Also, if none of her bills are in his name and he has adequate proof that his own home is very much lived in, there wouldn't be an issue.


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    #8
    dreamerb
    Registered Users Posts: 174 ✭✭dreamerb


    shugy wrote: »
    I've seen plenty of talk on here through the years about people legally and illegally cohabiting but what actually is it.
    [...]

    Reason for this thread is that I know someone who stays in his girlfriend's house(rent allowance) but not actually living there and wondering are they breaking the law.
    There's no such thing as illegally cohabiting, there is such a thing as fraudulently claiming allowances. If you are cohabiting, you may not be entitled to claim lone parents's allowance, or you may not be entitled to claim full rate jobseeker's allowance, for example.

    The example you give doesn't sound to me* like the couple are actually cohabiting, and I think a DSP inspector would probably not consider it to be so. It'll depend on the circumstances - if it's clear they're maintaining separate households and are paying rent and bills in different places, there shouldn't be an issue.

    (*But I am neither a lawyer nor a social welfare inspector)


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