Living apart

Generally, if a client is married or in a civil union you can accept that a couple is living apart when it is clear the relationship has ended and they live in different homes.

Note the term 'living apart' does not refer solely to living in separate homes.

When a client advises the relationship with their spouse or civil union partner has ended and they are living in separate homes, you need to look at the reasons why they are not living together. Sometimes couples live apart for reasons other than a breakdown in their relationship or rearrange their circumstances to qualify for a benefit.

Some couples may live in separate homes because of (but are not limited to):

• financial reasons
• health reasons
• one party lives overseas or
• business/employment reasons (eg truck driver, shearer etc)

You can only pay a single or sole parent rate of benefit if the relationship has ended.

Generally, when a married or civil union couple are sharing the same accommodation they will be considered a couple. When a client advises the relationship with their spouse or civil union partner has ended, but they still share the same accommodation you need to look at the reasons why they are still cohabitating.

If the arrangement is transitional (eg the spouse or partner is looking for separate accommodation and will move out) and the client considers that they have separated, you can accept this for a short period.

If the arrangement is not transitional, you need to assess whether they are living together or whether they are living apart in the same home.

Note unless the relationship has ended you cannot assess the client as a single or sole parent.

If you are unable to make a decision regarding the client's relationship you can discuss the case with your regional solicitor or local fraud investigator.