Disability Cohabiting/Marriage

fiche a hocht

Hi there, I need a few questions answered if anyone can help I'd be very grateful.
I have recently notified Social Welfare of moving in with my boyfriend who was in receipt of Disability allowance since 2006/2007. I work full-time and am on a good salary.
I sent copies of my salary to Social Welfare as they requested. We expected a drop in disability allowance but this week received a letter to say they have cut the disability allowance completely from 4/3/2020 and requested to post back travel pass immediately. Travel pass was actually on Public Service Card. Boyfriend is now my dependant?
Partner has 2 teenage children and has always paid weekly maintenance to their Mother who works full-time as does her live in partner. Who is now responsible for paying that maintenance? Am I as the earner in our relationship/household now responsible for paying maintenance for these 2 children?
We are not married or civil partners

JustAThought

Something is missing in this story - why would you notify the government that you are moving in with your boyfriend? Must be a council house or lease involved and now you are assessed as a single household with all of his benefits and income assessed.

fiche a hocht

I notified them as he was receiving the Living Alone Allowance and Household Benefits Package. When you are in receipt of that, you are required to notify if your circumstances change, ie. if someone moves in with you.

con747

Get advice from citizens information on the matter. Your earnings are obviously way above the limit to allow your partner claim disability allowance but I would still look into the way they estimated it on your earnings.

AulWan

You are not responsible for paying your partner's child maintenance.

If you partner was paying maintenance on foot of a Maintenance Order from the family court, he needs to go to his local family court immediately apply for a variance of the order as he will still be liable for payments until such time as the order is changed.

He can request the order be reduced to Nil on account of the fact that he no longer has any independant income, but is now your dependent.

(eta) If he is on disability allowance since 2006/2007 and is still unable to work he should have applied for an Invalidity Pension by now. Get in contact with SW immediately about this.

fiche a hocht

Thank you aim to go to see Citizens Advice on Monday

fiche a hocht

AulWan wrote: »

You are not responsible for paying your partner's child maintenance.

If you partner was paying maintenance on foot of a Maintenance Order from the family court, he needs to go to his local family court immediately apply for a variance of the order as he will still be liable for payments until such time as the order is changed.

He can request the order be reduced to Nil on account of the fact that he no longer has any independant income, but is now your dependent.

(eta) If he is on disability allowance since 2006/2007 and is still unable to work he should have applied for an Invalidity Pension by now. Get in contact with SW immediately about this.

Thank you, I will see what we can do Monday. I am concerned that a judge may order me to pay though, could that happen?
I phoned Social Welfare and asked was I now responsible for paying his maintenance and the woman answered "Well it looks like it". I'm shocked to say the least.

con747

fiche a hocht wrote: »

Thank you aim to go to see them on Monday

Invalidity Pension is only if he was paying p.r.s.i, if he was self employed he would not qualify.

con747

fiche a hocht wrote: »

Thank you, I will see what we can do Monday. I am concerned that a judge may order me to pay though, could that happen?
I phoned Social Welfare and asked was I now responsible for paying his maintenance and the woman answered "Well it looks like it". I'm shocked to say the least.

Don't take their advice, most of the time they don't know what applies. Get your own independent advice.

AulWan

fiche a hocht wrote: »

Thank you, I will see what we can do Monday. I am concerned that a judge may order me to pay though, could that happen?
I phoned Social Welfare and asked was I now responsible for paying his maintenance and the woman answered "Well it looks like it". I'm shocked to say the least.

As far as i am aware you can't be ordered to maintain your partner's children unless you were appointed as a guardian or they live with you full time.

Contact Treoir on Monday about the maintenance payments as well, they can advise you both further.

www.treoir.ie

fiche a hocht

AulWan wrote: »

As far as i am aware you can't be ordered to maintain your partner's children unless you were appointed as a guardian or they live with you full time.

Contact Treoir on Monday about the maintenance payments as well, they can advise you both further.

www.treoir.ie

Again thanks will do that

fiche a hocht

con747 wrote: »

Invalidity Pension is only if he was paying p.r.s.i, if he was self employed he would not qualify.

Yes thanks I just saw the terms for that on Citizens Advice

splinter65

AulWan wrote: »

You are not responsible for paying your partner's child maintenance.

If you partner was paying maintenance on foot of a Maintenance Order from the family court, he needs to go to his local family court immediately apply for a variance of the order as he will still be liable for payments until such time as the order is changed.

He can request the order be reduced to Nil on account of the fact that he no longer has any independant income, but is now your dependent.

(eta) If he is on disability allowance since 2006/2007 and is still unable to work he should have applied for an Invalidity Pension by now. Get in contact with SW immediately about this.

He’s not entitled to invalidity pension as he doesn’t meet the PRSI requirements

PRSI Contributions condition:

For all claims received on or after 01/12/2017, the claimant must have:

260 paid PRSI contributions (Class A, E, H or S) since entering social insurance
AND

48 contributions paid (Class A, E, H or S) or credited in the last OR second last complete contribution year before the date of claim.

splinter65

con747 wrote: »

Invalidity Pension is only if he was paying p.r.s.i, if he was self employed he would not qualify.

Self employed qualify for IP now but you have to have either credits or contributions in the relevant tax year before you claim.

con747

splinter65 wrote: »

Self employed qualify for IP now but you have to have either credits or contributions in the relevant tax year before you claim.

Op said he has been on disability allowance since 2006/2007 so I think that is obvious he would not qualify.

fiche a hocht

con747 wrote: »

Op said he has been on disability allowance since 2006/2007 so I think that is obvious he would not qualify.

Correct he does not qualify

cornflake1

Something similar happened to us. He can appeal it, although it didn't work for us. We are probably going to get married to take advantage of the tax credits, but we have two kids and own a house together so makes sense for us. Can the maintenance amount be reviewed as he has no income now?

AulWan

con747 wrote: »

Op said he has been on disability allowance since 2006/2007 so I think that is obvious he would not qualify.

If he had enough contributions through insurable employment before he went on DA he could have applied before 2017.

I thought SW had a responsibility to review long term illness / disability cases after a certain time to ascertain suitablility for IP.

Obviously not done in this man's case if he was left on DA for 14 years.

fiche a hocht

cornflake1 wrote: »

Something similar happened to us. He can appeal it, although it didn't work for us. We are probably going to get married to take advantage of the tax credits, but we have two kids and own a house together so makes sense for us. Can the maintenance amount be reviewed as he has no income now?

Thanks for that and best wishes on your wedding plans. Well on foot of advice here we will be going to Dolphin House Monday first thing.
Yes we see that we can appeal it from their letter, I've heard some people say appeals can take a year.
We shall see how it goes

con747

fiche a hocht wrote: »

Thanks for that and best wishes on your wedding plans. Well on foot of advice here we will be going to Dolphin House Monday first thing.
Yes we see that we can appeal it from their letter, I've heard some people say appeals can take a year.
We shall see how it goes

A friend of mine had to battle with them in a similar situation, it did take a while and went a few stages up the ladder but did win his case at the end of it all after nearly a year but he was fully back dated any monies due. So do not accept at first what they say is gospel because they are not that well up on their own rules when it strays from the "normal".

Die Hard 2019

Well done for being honest about the whole thing. A lot of people would have played differently.

fiche a hocht

AulWan wrote: »

If he had enough contributions through insurable employment before he went on DA he could have applied before 2017.

I thought SW had a responsibility to review long term illness / disability cases after a certain time to ascertain suitablility for IP.

Obviously not done in this man's case if he was left on DA for 14 years.

I'm none the wiser as to why a review has never happened but guess that it's something to do with his actual disability. He has a chronic debilitating long term illness, it will never go away. When employers ask for medical info, medications etc he is refused on those grounds.

fiche a hocht

con747 wrote: »

A friend of mine had to battle with them in a similar situation, it did take a while and went a few stages up the ladder but did win his case at the end of it all after nearly a year but he was fully back dated any monies due. So do not accept at first what they say is gospel because they are not that well up on their own rules when it strays from the "normal".

Thanks very encouraging

fiche a hocht

Die Hard 2019 wrote: »

Well done for being honest about the whole thing. A lot of people would have played differently.

I couldn't sleep at night if I was dishonest about this but now I'm having just a tad difficulty nodding off! Thanks

splinter65

con747 wrote: »

Op said he has been on disability allowance since 2006/2007 so I think that is obvious he would not qualify.

I was pointing out to a poster that people who have paid S contributions now qualify for IP. If you’d read the thread you’d have seen that.

splinter65

fiche a hocht wrote: »

Thanks for that and best wishes on your wedding plans. Well on foot of advice here we will be going to Dolphin House Monday first thing.
Yes we see that we can appeal it from their letter, I've heard some people say appeals can take a year.
We shall see how it goes

If he’s been disqualified on a means test then there no point in appealing it unless you can show that there was a miscalculation, or that you are not now earning that money.
The means test is very black or white. You are either entitled or your not. They don’t take outgoings into account at all.

splinter65

AulWan wrote: »

If he had enough contributions through insurable employment before he went on DA he could have applied before 2017.

I thought SW had a responsibility to review long term illness / disability cases after a certain time to ascertain suitablility for IP.

Obviously not done in this man's case if he was left on DA for 14 years.

When you make your claim for IP you need to have had either credits or contributions in the taxable year. For the partner of the op this would be 2005. Why do you mention 2017?
SW contact people who have been on illness benefit after 18 months to tell them that they are coming to the end of their benefit and advise them to apply for IP.
They don’t contact DA claimants.

sexmag

From my own personal experience I know of a married couple who's husband was paying maintenance to his ex and lost his job as he was self employed,he couldn't afford the full amount of maintenance and because they were married in the eyes of the law she was ordered to pay the maintenance for him.

As you have advised the SW you are living together they will asses your means as a couple and if your means exceed the amount acceptable for the payment it will be removed.

This does not negate him of his responsibilities as a father to pay maintenance but as you arent married I cant see how a judge can legally make you pay.

HE and not you must contact dolphin house to have a variation of the maintenance order.

At this point you are not relevant to the case other than his living arrangements have effected his social welfare payment and home will have to resolve that himself in court.

Good luck OP

Mrs OBumble

fiche a hocht wrote: »

We are not married or civil partners

From a social-welfare perspective, this bit is irrelevant. You are living as if you are married, so it's your joint income that is accessed to see if he has any entitlement. However it's useful in that you can split up as easily as you got together -at least within the first five years of living together.

I'm inclined to think you may find that living together does not suit you so well as you expected, and that it may be better if your relationship if one of you lived in an apartment nearby and visited a few nights per week.

fiche a hocht

splinter65 wrote: »

If he’s been disqualified on a means test then there no point in appealing it unless you can show that there was a miscalculation, or that you are not now earning that money.
The means test is very black or white. You are either entitled or your not. They don’t take outgoings into account at all.

Yes I accept the means test result
It's more the maintenance payment I was really concerned about

fiche a hocht

sexmag wrote: »

From my own personal experience I know of a married couple who's husband was paying maintenance to his ex and lost his job as he was self employed,he couldn't afford the full amount of maintenance and because they were married in the eyes of the law she was ordered to pay the maintenance for him.

As you have advised the SW you are living together they will asses your means as a couple and if your means exceed the amount acceptable for the payment it will be removed.

This does not negate him of his responsibilities as a father to pay maintenance but as you arent married I cant see how a judge can legally make you pay.

HE and not you must contact dolphin house to have a variation of the maintenance order.

At this point you are not relevant to the case other than his living arrangements have effected his social welfare payment and home will have to resolve that himself in court.

Good luck OP

Thank you. At this point I accept the means assessment on my earnings, I did suspect it would be reduced, I just thought there would be something left that was "his".
We will gather the documents for maintenance order and see what happens there.

fiche a hocht

Mrs OBumble wrote: »

From a social-welfare perspective, this bit is irrelevant. You are living as if you are married, so it's your joint income that is accessed to see if he has any entitlement. However it's useful in that you can split up as easily as you got together -at least within the first five years of living together.

I'm inclined to think you may find that living together does not suit you so well as you expected, and that it may be better if your relationship if one of you lived in an apartment nearby and visited a few nights per week.

I see why some folk would do this