How many nights can my partner stay over without affecting benefits?

38 answers /

Last post: 23/07/2023 at 2:57 pm

Jade P(220)

27/08/2017 at 8:14 am

I currently live with my mum and 2 young children but my partner (not biological dad) stays iver 4 nights a week approximately, anyway im getting my own place pricate renting next week and me children will be living there however was hoping he could still stay over, but i was wondering is there a rule to how many nights or anything because obviously i dont want to lose out on the support i get for the children etc. But reason we dont want him living with us yet is because he isnt brilliant at managing money and havent actually been together lig enough we would say for him to live full time and help support us thankyou

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Polly L(45) - 02/08/2022

Hi everyone,

Netmums Moderator here, just dropping in to add a lnk to some official information...

According to HMRC, there's no specific number of nights that your partner can stay over before they're considered to be living with you (the 'three nights' rule is a myth; see: https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15150).

Instead, to determine if he counts as living with you for benefits purposes, HMRC will look at things like how long you've been together, whether you eat together, and who does the chores. You can learn more here: https://www.gov.uk/hmrc-internal-manuals/claimant-compliance-manual/ccm15080

Merida J

27/08/2017 at 8:24 am

3 nights springs to mind, but I could be wrong

Jo M(21)

27/08/2017 at 9:04 am

The three night thing is a myth, they look at whether you eat together, shop together, if neighbours etc think you are a couple.

Four nights and he would be classed as a partner as that's most of the week and you would fail the couples test.

You could either work more hours so as not to claim then are free to do as your like, he moves in and pays his way (as he should be doing anyway if he's there so much) or he doesn't stay over.

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Leigh (122)

27/08/2017 at 9:04 am

There is no rule or "safe" number of nights. If it's a regular thing they would expect you to make a joint claim. This info is direct from dwp when someone tried to say I had a bf living with me a few years ago when I didn't.

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Anonymous

27/08/2017 at 10:12 am

I don't think they can and 4 nights out of 7 - he is practically living with you so why not make a joint claim and him move in officially?

Or ring your local council and ask them on what their policy is x

Anonymous

27/08/2017 at 10:14 am

There is no set rule. Is he registered and pays bills anywhere else? You're basically treading a v thin line.

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emma p(413)

27/08/2017 at 10:15 am

Like pp said, 3 night rule is a myth.
When investigating a claim, they would look at lots of factors, to decide if you were living as a couple.
Frankly, sounds like you should be claiming jointly. Say you arnt ready to 'officially' live together, as not been with him long, but he's staying most the week.
Also, 'he's not good with money?' Well hel have to learn.

Anonymous

27/08/2017 at 10:35 am

It's stupid how many people have had a partner they don't live with and he has slept over, bought a takeaway for you to share with him. Doesn't mean they should move in together and make a joint claim. I would say let him sleep as much as you want, aslong as he doesn't pay any bills at all from the dwp side nothing much can be done.

Leonie W(8)

27/08/2017 at 10:41 am

In answer to

Anonymous

She will risk being done for benefit fraud if she claiming as a single person and he staying 4 nights out of 7 so best be careful.

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Anonymous

27/08/2017 at 10:48 am

In answer to

Leonie W(8)

She will risk being done for benefit fraud if she claiming as a single person and he staying 4 nights out of 7 so best be careful.

It's making people rush into moving together, not fair is it. I would say if his clothes are all there and he's paying bills and for food I would say OP be taking the micky then

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Cheska B

27/08/2017 at 10:54 am

In answer to

Anonymous

It's making people rush into moving together, not fair is it. I would say if his clothes are all there and he's paying bills and for food I would say OP be taking the micky then

You are right in what you are saying but DWP don't see things that way. They would probably ask for proof and bank statements things like that to show he isn't giving her any money which, if OP can provide great but even so if he's staying 4 nights or staying over at all weekly they will assume that he's either living there or contributing something. If any of his mail goes to her house is another thing they would look at.

Amy L(566)

27/08/2017 at 11:12 am

None now, used to be 3.

Anonymous

27/08/2017 at 11:52 am

In answer to

Anonymous

It's making people rush into moving together, not fair is it. I would say if his clothes are all there and he's paying bills and for food I would say OP be taking the micky then

I agree it does make people rush but DWP don't take that into consideration sadly x

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