DWP used to consider the couple’s sexual relationship
as one of the criteria for determining LTAHAW but this is no longer
the case. The couple’s sexual relationship is of little help
in deciding whether they are living together as husband and wife or
living together as civil partners. There may be no sexual relations
in a marriage or civil partnership and sexual relationships of a
casual nature, where neither partner has any lasting commitment to
the other, are a common feature of contemporary life.
You
must not ask any questions about a couple’s
sexual relationship. If the claimant introduces the subject, you
should take note of any information volunteered but should bear in
mind (and explain to the claimant) that it is unlikely to have any
relevance to the question of whether they are living together as
husband and wife.
Appeal tribunals sometimes ask claimants about their sexual
relationships, however, it remains our policy that you must not ask
such questions. If a tribunal asks you why you have not established
the position you should say that our internal policy, in common
with that in DWP, is not to ask about this side of the
relationship.
In one particular appeal case the Social Security
Commissioner said that where there has never been a sexual
relationship between the parties, strong alternative grounds are
needed to reach the conclusion that the relationship is akin to
husband and wife. However, absence of a sexual relationship at
anytime where there has been one in the past is not itself
indicative that the couple are not LTAHAW.
Where the claimant’s sole objection to your conclusion
is that they have no sexual relationship with the suspected partner
or they appeal against a decision on these grounds you should seek
further advice from the Benefits and Credits Technical team in
Preston.
