Help with Definition of Cohabitation?

EyeOnTheBall

Can anyone tell me what the current legal definition of cohabitation is?

I house-share with a male friend who I've known for 5 years and we live a very workable platonic life together. We do have a type of relationship, I do the cooking and ironing etc and he does the heavier duty stuff around the house. We know each others families and are invited as a 'couple' to all family and friend events. We go to the movies, restaurants and even holidays together.
We have a shared life but keep seperate rooms, seperate routines and seperate finances.
Basically, we're at an age where we can find this type of 'relationship' comfortable. Neither of us is looking for love.

Odd -perhaps. But for various reasons, it works for both of us.

Trouble is, I have been made redundant 2 weeks ago and I don't know where I stand with this whole cohabitation thingy when it comes to the welfare system. Am I cohabiting even though we have a platonic relationship?

This may seem like an odd thing to ask, but I really don't know where I stand legally.

Thanks

MagicSean

Who owns the house?

Strictly

I was under the impression that you are not co-habiting as you are platonic friends. You are in my opinion just house mates!

Yawns

You are single and happen to be sharing a house that is all.

Yawns

For your social welfare payments tick single as that is what you are. If you were to try claiming rent allowance you would mark the forms as single but you would have to fill in the details of all people living in the house afaik.

Our man in Havana

What happens here is the SW inspector will start asking lots of awkward questions about your personal lives. There is a manual online somewhere which makes a very good read.

They will probably ask your neigbours if you are a couple etc. It can get very messy.

Victor

The usual rule is "Are you living as husband and wife?"

While the relationship might stop short of that, proving it may be another matter. It would be useful if one or both of you had a romantic relationship with someone else.

When asked what the relationship with your friend is, state "none".

WildOscar

Haddockman wrote: »

They will probably ask your neigbours if you are a couple etc. It can get very messy.

i would make it clear if they went to neighbours about me would go to solicitor

MagicSean

WildOscar wrote: »

i would make it clear if they went to neighbours about me would go to solicitor

To do what?

WildOscar

k_mac wrote: »

To do what?

tell them and see if they go

MagicSean

WildOscar wrote: »

tell them and see if they go

So your idea to stop the department of social welfare investigating fraud is to intimidate them with threats of legal action? I'm actually glad to hear they investigate claims.

WildOscar

k_mac wrote: »

So your idea to stop the department of social welfare investigating fraud is to intimidate them with threats of legal action? I'm actually glad to hear they investigate claims.

they have no right to to intimidate people with threats of talking to neighbours. if they have let them go ahead in the knowledge the op has rights too. and the op is not defrauding them

MagicSean

WildOscar wrote: »

they have no right to to intimidate people with threats of talking to neighbours. if they have let them go ahead in the knowledge the op has rights too. and the op is not defrauding them

How is it intimidating people to ask other people about them? This is how most crimes are investigated. What rights does the a person have if the welfare do ask neighbours about them?

WildOscar

k_mac wrote: »

How is it intimidating people to ask other people about them?

how is it intimadting to tell welfare one will get a lawyer

This is how most crimes are investigated.

the op has not comited a crime

What rights does the a person have if the welfare do ask neighbours about them?

if they have no rights why would it concern you that they might have a solicitor? why would you call telling them one would go to a solicitor intimidating?
now i am going to watch as good as it gets happy new year everyone

axer

Yawns wrote: »

If you were to try claiming rent allowance you would mark the forms as single but you would have to fill in the details of all people living in the house afaik.

OP, I would only fill in very basic details of others living in the house such as name and age only since a tennant cannot be expected to know income etc of others they are sharing accomodation with.

All the information is here:
http://www.welfare.ie/EN/OperationalGuidelines/pages/cohabit.aspx

1. No single criterion can necessarily support a decision that a couple are living together as husband and wife. It is essential to have as much information as possible on all the criteria before arriving at a decision.
2. Evidence, or the lack of it, in any criterion may not necessarily be conclusive.
3. A Voluntary admission of living together as husband and wife is accepted as sufficient evidence where the person makes the admission in the knowledge that his/her own entitlement will be adversely affected by it. Such admission should be obtained in writing, as far as possible in his/her own words, and the statement should be read over to him/her before being signed.
   Where such a signed statement is not received, both parties should be interviewed if possible. The second party should also be interviewed where his or her claim to benefit or assistance may be affected, and/or where his or her means are being taken into consideration.

Five criteria for assessing cohabitation.

The elements may be subdivided as follows:
LIVING TOGETHER as husband and wife:
1. CO-RESIDENCE
2. HOUSEHOLD RELATIONSHIP:
- FINANCES SHARED
- DUTIES SHARED
Living together AS HUSBAND AND WIFE:
3. STABILITY
4. SOCIAL
5. SEXUAL

You have nothing to hide so be honest.

Our man in Havana

It is a minefield.

axer

Haddockman wrote: »

It is a minefield.

Indeed it is.

MagicSean

You could just prove a contravtual relationship. If one of you rents from the other then there is the relationship. If you both pay rent sperately to a landlord then that would be in your favour too.

EyeOnTheBall

Thanks to you all for your very helpful advice. It really is a mine field and you wouldn't believe how much sleep I lost recently about this.

In the end, I explained the whole thing to my SW officer and thankfully she agreed that we were not co-habititating in the accepted sense. She did admit that it wasn't very black and white but was happy that I approached her first as opposed to being investigated later.

I do wish that things were a little clearer though.

Many thanks to you all for taking the time to answer.
Much appreciated.