When is a partner NOT a partner?

Hi there, I hope someone on here knows about when the government considers a partner to be a partner and when it doesn't please? ie, their definition of "partner" when considering benefit claims.

The situation is that I have advanced cancer. My former husband has had to move back in the family home (he is in the spare room) to care for me and to look after our small children because I am now quite disabled and am likely to get worse with all the chemo. We are not 'together'...we separated over two years ago. He has moved back in to help me and to keep the kids stable given the rather dire circumstances.

Over the last three years when he hasn't lived here, I have successfully claimed Child Tax Credits.

Now I am wondering whether I have to inform them that he is back in the house??

The form you fill out only asks "do you have a partner?"

Well.... I consider us to be separated so I would answer a friend who asked this me "no".

But we are not divorced so he is stil legally my husband although we both consider ourselves as "single". But now he will be living back in the family home and paying some bills / share of mortgage.

Does anyone know whether the government would consider him to be my partner legally and that therefore the answer to the "do you have a partner?" question should now be "yes"?

I don't want to get into trouble and want to be all above board. But I know from experience that if you call them with this sort of complicated question you get an 18 year old answering the phone and you get a different response every time you phone. I thought there would be someone on this forum with better knowledge of the general definition of partner than one of their 18 year old phone-answerers!

Many thanks for your help.

Hi Nic and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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I believe that the official phrase is 'living together as husband and wife' but does not have a strict definition. I'm afraid I am going to advise that you do contact DWP for advice. However, as you have noticed, the average call centre staff are somewhat lacking in training so you should ask for a 'ring back' from a manager who should be better placed to advise.

I'm afraid that we do not deal directly with Tax Credits (child or working) so are unlikely to be of further help in this matter However, if you have questions regarding ESA, DLA or PIP we will do our best for you.