breach of Cohabitants Act 2010?

blueb

Hello all.

I have a query myself and my parthner are living together for the last 2 years.
When applying for a medical card she is asked if she has any cohabitants .... But under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 "You are a qualified cohabitant if you:
have been cohabiting for at least 5 years or for 2 years*if you have had a child together

So under state law do we need to state that we are cohabiting ??

Beano

blueb wrote: »

Hello all.

I have a query myself and my parthner are living together for the last 2 years.
When applying for a medical card she is asked if she has any cohabitants .... But under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 "You are a qualified cohabitant if you:
have been cohabiting for at least 5 years or for 2 years*if you have had a child together

So under state law do we need to state that we are cohabiting ??

Do you have a child together? If so it seems quite clear.

Gatling

Your living together yes

blueb

No children

Yes we are living together but under state law are we qualified cohabitants?

namenotavailablE

You're not apparently qualified according to the rule you quoted in your initial post- you must be living together 5 years if there are no children.

seamus

"Qualified" cohabitants is to do with people who are no longer in a relationship, but once were. The "qualified" part defines how you determine whether people were cohabitants before the end of the relationship or the death of one partner. That is, for making a retrospective claim of cohabitance, you "qualify" if you meet the criteria set out.

For the purposes of this Part, a qualified cohabitant means an adult who was in a relationship of cohabitation with another adult and who, immediately before the time that that relationship ended, whether through death or otherwise, was living with the other adult as a couple for a period—

The actual definition of a cohabitant in that section is:

172.— (1) For the purposes of this Part, 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 and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.

So yes, you are cohabitants.

Boombastic

when means testing social welfare have thier own definition of cohabiting

Gatling

Boombastic wrote: »

when means testing social welfare have thier own definition of cohabiting

Yes they use spouse / Partner when asking for details

blueb

Good stuff .. thats cleared that up for me.

Thanks everyone

Victor

I imagine the HSE and Department of Social Protection are quick to brand people cohabitants and would use definitions from the Health Acts and Social Welfare Acts.