CCM15020 - Undisclosed Partners: Compliance Issues Overview
The main compliance risks associated with partners are:-
- an incorrect initial claim is made where someone claims to be single.
- an incorrect initial claim is made and this is repeated in the end of year declaration.
- the initial claim is correct but the claimant fails to tell us within 1 month that a partner has joined their household.
- the initial claim is correct but the claimant fails to tell us within 1 month that a partner has joined their household and this is still not disclosed in the end of year declaration.
Before 6 April 2007 claimants had 3 months to notify a change of
circumstances.
Where the claimant is
- married to the undisclosed partner see CCM15035
- not married to the undisclosed partner see CCM15040
- of the same-sex as the undisclosed partner see CCM15290.
Where you establish that a partner joined the household you must
notify the claimant of your conclusion – see
CCM15350. You must then terminate the
claim as of the date they became a couple. This is because Section
3(4)(b) says that entitlement ceases from the point they were no
longer eligible to claim as a single person. Where you establish
the partner was always living with the claimant you should
terminate the claim as of the date it was made because it was never
a valid claim. Although the claim must be terminated in this way we
may decide not to recover all of the resulting overpayment –
see
CCM15500.
You might occasionally see the opposite situation where 2
people claim to be living as a couple when, in fact, they are only
entitled to claim as single people. This is a much less common
situation because there are fewer financial rewards. The criteria
described in this chapter can still be used to decide whether they
are single or a couple.
