One parent family payment and cohabitation

Gagoune

Hello

I am a single mum of a 7 years old. I work part time and I get €30/week maintenance from my ex-husband. I have applied to the ONE PARENT FAMILY PAYMENT in October and still waiting for an answer at the moment.
As the situation starts to be REALLY difficult for me (I have to pay €625 rent/month for 40m2), I would like to know if I will loose the OFP if I decide to move and share an appartement with my best friend (who is a girl) to share the living cost.

This is what I read on WELFARE.IE:

Cohabitation: One-Parent Family Payment is not payable to a person who is living with another person as husband and wife.

BUT This is the COHABITATION guideline http://www.welfare.ie/EN/OperationalGuidelines/Pages/cohabit.aspx

So it seems that even if you are 2 friends, same sex, living in the same house you are consider as husband and wife because you share the cost of the rent???

I dont know if I would have the same problem if I decide to rent 2 bedrooms within a shared house... ?

Could you please help me???

Thank you for your help.

Gagoune

please..... :(:(

eastbono

You will not be co-habiting you will be sharing a house with a friend of the same sex. While you are waiting for your OPF you can go to your community welfare officer and apply for supplementary welfare allowance.

Gagoune

Thank u eastbono for your answer... (Yes life is difficult I just received by email my electricity bill of €400 for 40days and it's 14°c in my house... difficult with a child at home... )

however, it is a good news for me if I can share a house with my friend and still be entitled to social payment because it will be really healpfull to share the cost of the life!

In that case, do you advice me to put my name and my friend name on the same letting agreement or it is better that my friend take the contract under her name and rent me 2 bedrooms ?

Thank you for advice, I am French and it is not really easy to settle abroad and understand all the rules :rolleyes:

eastbono

I think it would be best for you to have your name on the letting agreement as well. Please go to the community welfare officer as applications for one parent family can take some time. If you are moving address let the one parent family people know as they will be sending correspondence to your former address. Have you been living in Ireland long?

Gagoune

Not so long, we arrived in august 2010... But I have a permanent contract and my employer signed for me a letter and states that he will need me for a minimum of 3 years.

I hope I wont have problem with the Habitual residence condition... but basically I think that I do not need to qualify for the habitual residence condition for this type of allowance I am employed and paying social insurance. See below, this is what I found on welfare.ie:

One-Parent Family Payment and EU Regulations

From 5 May 2005, EU citizens, EEA citizens and Swiss nationals, who are employed or self-employed in Ireland and who are paying into the Irish Social Insurance System do not have to meet the habitual residence criteria to qualify for One-Parent Family payment.
If you are an EU/EEA citizen or Swiss national, you can also get One-Parent Family Payment if you become unemployed and are getting Jobseeker's Benefit. You must meet all other qualifying criteria for One-Parent Family Payment.

So, I would think that for the one parent family allowance I do not need to pass it as an EU citizen...

Fingers crossed !

eastbono

If your worked in france before coming to Ireland you can have your contributions from france added to your contribution record here. Its great that you have a contract for 3 years. Feel free to pm me if you ever need any more advice

Gagoune

Thank you so much, I will probably contact you soon

wellieboot

eastbono wrote: »

You will not be co-habiting you will be sharing a house with a friend of the same sex. While you are waiting for your OPF you can go to your community welfare officer and apply for supplementary welfare allowance.

Not necessarily true under the new Civil partnership legislation and new guidelines

Q.3 What is a cohabiting relationship for the purposes of the Act?

A. A “cohabitant” is a person living in an “intimate and committed relationship” with a person who is not that person’s spouse or civil partner. Cohabitants may be of the same sex as each other or of the opposite sex, though they may not be close relatives.

Gagoune

Next week I will go to the social welfare office of my town and ask them directly the question of the cohabitation. I will let you know.

eastbono

wellieboot wrote: »

Not necessarily true under the new Civil partnership legislation and new guidelines

Q.3 What is a cohabiting relationship for the purposes of the Act?

A. A “cohabitant” is a person living in an “intimate and committed relationship” with a person who is not that person’s spouse or civil partner. Cohabitants may be of the same sex as each other or of the opposite sex, though they may not be close relatives.

This is true but with regard to sw it recognises the union between same sex couples to enable couples of same sex to be able to apply for their civil partner to be added to their claim.

eastbono

Gagoune wrote: »

Next week I will go to the social welfare office of my town and ask them directly the question of the cohabitation. I will let you know.

hi again,

You are not living as a couple, your childs father is not living with you, you do not have a civil partnership with your friend that you are going to be sharing a house/apartment with. You have nothing to worry about with regard to co-habitation.

Kristopherus

You will also have all your present income assessed against you in establishing your entitlement to supplementary allowance. Just be aware of that. Also apply for a Medical Card if not already done. Guidelines for that are your nett income after tax & PRSI. see www.hse.ie

wellieboot

eastbono wrote: »

hi again,

You are not living as a couple, your childs father is not living with you, you do not have a civil partnership with your friend that you are going to be sharing a house/apartment with. You have nothing to worry about with regard to co-habitation.

A cohabitant doesn't have to be a civil partner

cee_jay

wellieboot wrote: »

A cohabitant doesn't have to be a civil partner

In the literal sense of the word, no a cohabitant doesn't have to be a civil partner. Or a spouse. It literally means living with somebody.

However, in relation to the OP's question, if she is sharing a house with somebody, of the same sex, then no they won't be treated as cohabitants for purposes of claiming One Parent Family Payment.
For Social Welfare purposes, cohabiting does not necessarily mean sharing a house with somebody. The guidelines for Cohabiting are here. It comprises a lot more of sharing a house with someone, including sharing rent and bills.
From the guidelines, there are 5 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

Obviously these should be updated with the Impact of the Civil Partnership & Certain Rights & Obligations of Cohabitants Act for Social Welfare Customers, however, its all about your relationship with the other person. If you are just friends, you are not deemed to be cohabiting, however, if you are a couple, act like a couple, and are seen as others as a couple, you are not cohabiting.

OP you will be fine for claiming One Parent Family Purposes. I am sure your local office have other One Parent Family claimants sharing residence with friends.

eastbono

for sw purposes with regard to people claiming for each other they do have to have a civil partnership as of now.... things can change

wellieboot

eastbono wrote: »

for sw purposes with regard to people claiming for each other they do have to have a civil partnership as of now.... things can change

Don't think so. Civil partnership was introduced on 01/01/11. The required 3 months notice has not yet passed, yet here are several people claiming for their partners on SW claims and have been prior to 01/01/11.

Balagan

eastbono wrote: »

for sw purposes with regard to people claiming for each other they do have to have a civil partnership as of now.... things can change

Not so in respect of social welfare payments.

If you qualify for a social welfare payment you get an amount for yourself, which is called the 'personal rate of payment'. You may also get an extra amount for your adult dependant which is paid as an increase to your personal payment. An adult dependant is usually your spouse, civil partner or cohabitant. A cohabitant is one of two adults (whether of the same or opposite sex) who live together as a couple in an intimate and committed relationship and who are not close relatives.

http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/claiming_an_increase_in_your_social_welfare_payment_for_an_adult_dependant.html

For the Revenue Commissioners of course, cohabiting couples have less favourable tax rights than married couples. And the change expected in the Finance Bill, published last Friday, which would have allowed civil partners to be entitled to the same tax rights as spouses has been delayed to a later stage of the Bill.

http://www.irishtimes.com/newspaper/ireland/2011/0122/1224288087529.html

eastbono

Balagan wrote: »

Not so in respect of social welfare payments.

If you qualify for a social welfare payment you get an amount for yourself, which is called the 'personal rate of payment'. You may also get an extra amount for your adult dependant which is paid as an increase to your personal payment. An adult dependant is usually your spouse, civil partner or cohabitant. A cohabitant is one of two adults (whether of the same or opposite sex) who live together as a couple in an intimate and committed relationship and who are not close relatives.

http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/claiming_a_social_welfare_payment/claiming_an_increase_in_your_social_welfare_payment_for_an_adult_dependant.html

For the Revenue Commissioners of course, cohabiting couples have less favourable tax rights than married couples. And the change expected in the Finance Bill, published last Friday, which would have allowed civil partners to be entitled to the same tax rights as spouses has been delayed to a later stage of the Bill.

http://www.irishtimes.com/newspaper/ireland/2011/0122/1224288087529.html

I bow to your superior knowledge.:) I couldnt find a bow so a smiley has to do.