partner or non-dep

Currently, there are 0 users and 1 guest visiting this topic.
Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #39874
    Anonymous
    Guest

    Hi just wondering what other people would do with this case. I have a claim which was investigated for LTATHW and the claimant admitted that her partner had been living with her since 2007 as her undeclared partner and that for a period they had stayed together as he had been caring for her due to a brain tumor. From April 2010 she states he is only a non-dep as he became ill with early onset dementia and now requires her and their children to care for him and he can’t be left alone. We are still classing them as partners and she has submitted a new application with him as a non-dep. She has his bank card and access to his finaces as he is mentally unfit to look after his own affairs and admits she has used this to buy things for herself. Would you consider their relationship to now be that of a couple or non-dep? I am swinging back and forth as they no longer have a physical relationship and no longer do things together as a couple, but, just because one member of a couple becomes ill in this way does this mean they are no longer a couple (sickness and in health and all that)??? Any opinions or case law would be appreciated. She has been sectioned as she has had a breakdown as she can’t pay the rent. They do not qualify as a couple as he has excess capital and another property.

    #113756
    Kay_Tade
    Participant

    Sectioned because of a breakdown due to rent arrears! If she had access to his funds/money/capital/income, as you would if LT, why is she in rent arrears? The physical relationship, lack thereof, or the fact they no longer do “things” together, does not in itself, prove LT or not LT.

    #113757
    Anonymous
    Guest

    I think she has now squandered all his money on the bank and I have asked for statements, however, he owns another property which has a high value. Their combined income would see them qualify now but his capital takes them over.

    #113759
    Anonymous
    Guest

    By the way, I am not questioning any of their health concerns I have medical evidence for it all and she tried to kill herself, so that is not an issue except that it makes me slightly more inclined to pay them as clmnt/non-dep rather than have her death on my conscience (although I know that should not be a factor in my decision making process).

    #113760
    Kay_Tade
    Participant

    I think I would, based on her admittance, take a chance on LT prior to April 2010 especially as she has access to his funds and has actually accessed it. The capital in the property could be a bit more difficult though. Can she, by law, access the capital in the property?[I know we aggregate capital and income once we decide that one is a member of a couple but this is open to debate in your case so to prove LT after April 2010 may be a problem in this particular circumstances]. So, go with your conscience. 🙂

Viewing 5 posts - 1 through 5 (of 5 total)
  • You must be logged in to reply to this topic.