Dear Department for Work and Pensions,

What influences your decisions when you determine if partners are "living together" when one is a claimant of ESA. Please provide any legislation or official guidance. Please note there is no legislation that states a partner can only stay over x number of nights.

Yours faithfully,


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J Roberts left an annotation ()

A Commissioner's view:

'I do recognize that decision making on “living together” cases is largely based on limited evidence and relies heavily on inference and “on the balance of probabilities'

A decision you find useful, especially paragraphs 31 to 33:

'33. However, there is still no statutory definition of “living together”.'

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