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Living Together As Husband And Wife/Civil Partnership
(LTAHAW/CP)
Introduction
1.     Social Security legislation treats couples who are not married nor in a
       civil partnership that are Living Together As Husband And Wife/Civil
       Partners (LTAHAW/CP), in the same way as couples who are
       married/in a civil partnership.
2.     LTAHAW/CP is not an offence in itself. In Section 112 and Section
       111A of the Social Security Administration Act 1992 (SSAA 1992)
       cases, the false representation will be based on the denial or
       omission to mention the presence of a partner in the household, or
       allowing the partner to make such a representation in knowingly
       allowing cases. In Section 112(1A) and Section 111A(1A) cases,
       there will be a failure to report a change of circumstance of a partner
       joining the household.
3.     A LTAHAW/CP case may be passed for investigation to establish:
              the facts which could have a bearing on benefit entitlement
               and
              whether or not a customer has committed a benefit offence
               through undisclosed living together.
4.     In Income Support (IS) and Jobseekers Allowance (JSA) cases where
       mortgage interest is payable or in Housing Benefit (HB) and Council
       Tax Benefit (CTB) cases, a non-dependent charge can be considered
       if the relationship is not one of LTAHAW/CP.
5.     A LTAHAW/CP situation could affect entitlement to
              Income Support (IS)
              Housing Benefit (HB)
              Council Tax Benefit (CTB)
              Jobseeker's Allowance (Income Based only)
              Widow's Benefit (WB)
              Bereavement Benefits (BB)
              War Widow’s Pension (WWP) – (Veterans Agency)
              New Deal and Training Allowances based on a notional JSA
               entitlement
              Working Tax Credit (WTC) and New Tax Credit (NTC) -
               investigated by Her Majesty’s Revenues and Customs
               (HMRC)
              Pension Credit
              Incapacity Benefit (Short Term) (for beneficiaries over pension
               age, or benefit is payable at the higher rate)
              Retirement Pension (RP)
              Incapacity Benefit (Long Term)
              Severe Disablement Allowance (SDA)
              Disablement Pension with Unemployability Supplement and



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            Carers Allowance (CA).

Circumstances when LTAHAW/CP cannot exist
6.     The question of whether or not a couple are LTAHAW/CP is based
       upon the laws surrounding marriage/civil partnership. In certain
       circumstances, particularly blood relations, individuals cannot legally
       marry/form a civil partnership and cannot be living in a LTAHAW/CP
       situation and these are outlined below. However, Investigators must
       be aware that there are circumstances where a couple cannot
       legally marry but can still be in a LTAHAW/CP situation. This can
       occur, for example, where one of the couple is married or a civil
       partner to someone else. Whilst the couple cannot legally
       marry/form a civil partnership due to the laws on bigamy, they are
       still in a LTAHAW/CP situation.
7.     In the following circumstances a LTAHAW/CP situation cannot exist,
       as an individual cannot legally marry/form a civil partnership with their:
              mother or father
              adoptive mother or father
              former adoptive mother or father
              daughter or son
              adopted daughter or son
              former adopted daughter or son
              grandmother or father
              granddaughter or son
              sister or brother
              half sister or brother
              aunt or uncle or
              niece or nephew.
8.     An individual can only marry/form a civil partnership with those listed
       below if both parties are aged 21 or over at the time of the
       marriage/civil partnership and the younger person was never a child
       in the older person's family up to the age of 18:
              stepdaughter or son
              stepmother or father
              step-grandmother or father or
              step-granddaughter or son.
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The investigation
Raising files (Jobcentre Plus only)
9.      When a LTAHAW/CP Programme Protection Query (PPQ) passes
        through the FRAIMS Business Rules Engine (BRE) a decision is
        automatically made by FRAIMS as to whether the query is suitable
        for a fraud investigation.
10.    In cases where :
              it is clear from the outset that both the individual and the


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             alleged partner are in receipt of benefit and declaring that they
             live at the same address or
            another person is declared on the claim form of one of the
             individuals suspected to be LTAHAW/CP.

       The incident is automatically referred for Customer Compliance
       action by the BRE within FRAIMS.
11.    Local Authorities (LAs) may wish to take this guidance into account
       whilst considering local procedures.

Interviewing the Informant
12.    If the source of the PPQ is provided by a person who does not
       disclose their identity and they want to remain anonymous, that person
       should be treated as an informant (if they reveal their identity but want
       to remain anonymous they will be an informant). The person receiving
       the information from the informant should elicit as much information as
       possible so that reasonable lines of enquiry can be opened in a
       subsequent fraud investigation. Any subsequent information provided
       by an informant (whether recorded on a N1/LA Official Notebook or
       any other documents) should be retained as unused material and
       recorded on the sensitive material schedule. Any subsequent
       information must also be recorded. Under no circumstances should
       the identity of the informant (if known) be disclosed to the suspect or
       his legal representatives.
13.    If the source of the allegation or query is provided by a person who is
       willing to provide evidence to the Investigator as a witness he/she
       should be asked if they are prepared to provide evidence in the form
       of a witness statement. Before taking the statement the Investigator
       should remind the witness that their evidence (and or witness
       statement) could be disclosed to the suspect and his/her legal
       representatives and that they may also be required to attend court to
       give evidence on oath.
14.    If, after being told the above, the witness declines to provide a witness
       statement on the grounds that they do not want to be identified as the
       source of the allegation or query, any such information they do provide
       should be categorised as informant evidence and should be treated as
       described in the preceding paragraphs.
15.    The Investigator should not disclose to the informant or the witness
       any information about the customer. It is for the informant or the
       witness to provide information upon which lines of enquiry can be
       developed and it is not appropriate for the investigator to disclose to
       the informant or witness confidential information. The Investigator
       should not task the informant or witness (expressly or by implication)
       to acquire further information about the customer. To do so could
       create a Covert Human Intelligence Source (CHIS) relationship which
       would require authorisation under the Regulation of Investigatory
       Powers Act (RIPA) 2000 or the Regulation of Investigatory Powers


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       (Scotland) Act (RIP(S) A) 2000 – for further information see the RIPA
       section of this manual.

Establishing a link
16.    When investigating cases of suspected LTAHAW/CP, it is necessary
       at the initial stage to establish a link between the alleged partner and
       the address of the benefit recipient. This will enable further supporting
       evidence to be obtained via intelligence gathering using Authorised
       Officer powers conferred by the Social Security Fraud Act 2001, or
       from the alleged partner’s employer. Decisions on which method(s) to
       use are dependant on the nature of the case and which of these will
       be the most effective and least intrusive.
17.    Examples of a link could be:
             the alleged partner’s vehicle has been sighted at the
              customer’s address on at least two occasions. Initial sightings
              obtained by ‘drive bys’ are classed as overt surveillance and
              do not require RIPA authorisation. Details of the information
              obtained on a drive by must be documented in the N1/LA
              Official Notebook. This will be sufficient to enable a DVLA
              registration check to be requested. If this reveals the vehicle to
              be registered to the alleged partner, then a link has been
              established
             RIPA-authorised surveillance (see section below on
              surveillance) has provided evidence to suggest a possible
              LTAHAW/CP situation exists at the customer’s address
             checks of the Customer Information System (CIS) show the
              alleged partner recorded at the customer’s address. For
              example, CIS shows the alleged partner has moved to the
              customer’s address on a date after customer has claimed
              benefit
             checks of the Electoral Register reveal the alleged partner
              registered at the customer’s residence after the customer’s
              claim to benefit
             the Birth Certificates of any of the customer’s children born
              after the customer’s benefit claim commenced show the
              alleged partner as a parent, or
             LA or Housing Association records show the alleged partner
              as resident at the customer’s address.

       This list is not exhaustive and examples quoted should be considered
       taking into account the individual circumstances of each case.
18.    If the link does establish that the alleged partner is receiving a DWP
       paid benefit the case must be forwarded to Customer Compliance for
       continued action.

Surveillance
(See the RIPA and Surveillance sections of this manual)


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19.    Surveillance by Jobcentre Plus (JCP)/Local Authority (LA)
        investigators could amount to a breach of the privacy of those under
        observation and so could some other evidence gathering activities
        undertaken during a LTAHAW/CP investigation. A breach of privacy
        can only be justified where it is in accordance with the law
        (RIPA/RIP(S)A in surveillance cases), necessary in order to
        investigate a suspected offence, proportionate to the offence and
        therefore justifiable.
20.    Before starting any surveillance, Investigators:
             must have RIPA / RIP(S)A authorisation
             should consider the resource implications and
             may require special arrangements, (for example, a second
              team if the accommodation has several exits).
21.    In order for the Investigator to be sure that they know who they are
       looking for, information could be obtained through a detailed
       description or, if the customer and/or alleged partner is also claiming
       benefit, by identifying them as they attend an office (surveillance
       authorisation would not be required for this purpose). This must not
       involve calling the individual into the office for the express purpose
       of identifying them. Details of the description must be recorded. Once
       the person is identified through this method, the investigator must
       not conduct any surveillance (including watching them leaving the
       premises) without RIPA/RIP(S)A authorisation. If the investigator
       does not know what the person looks like, there will be no point in
       watching a house with a number of residents. FRAIMS must be noted
       with any pre-surveillance check, application for surveillance and the
       results of any surveillance performed.
22.    Surveillance may be necessary to help establish:
             who the partner is
             the alleged partner’s place of employment
             any patterns of behaviour (for example, whether or not they
              shop together or have a social life together) and
             residence.
23.    Surveillance should be carried out on a number of occasions over
       consecutive days over a reasonable period of time. This is to ensure
       that there is a living together situation and not just an instance of two
       people spending a little time in each other’s company. Surveillance
       alone may prove residence but it does not prove a man and
       woman/same sex couple are LTAHAW/CP. However, together with
       other information, surveillance may suggest a LTAHAW/CP situation.
       See the Evidence Gathering section of this manual.

Intelligence gathering
(See the Intelligence Gathering section of this manual)
24.    The investigator should consider obtaining relevant intelligence
       information via the:
             Operational Intelligence Unit (OIU) (JCP/LAs)



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            National Anti-Fraud Network (NAFN) (LAs) or
            London Team Against Fraud (LTAF) (LAs).
25.    When making a request to the OIU/ NAFN / LTAF to obtain other
       information, the investigator must consider and note on file the
       following points
            whether or not the information being requested is necessary,
             reasonable and proportionate to the investigation
            whether obtaining the information is the least intrusive means
             of obtaining evidence
            whether the information being requested will assist in taking
             the investigation forward, xxx xxxxxxxx xx xxx xxxxxxx xxxxx
                 xx xxxxxxxx xx xxx xxxxxxxxxx xxxxxxx xxxxxxxxx xxxxxxx
                  xxxxx xx xxxxxxxxxx xxxx xxx xxx xxxxxx xx xxxxx xxxx
                  xxxxx xx xxxxxxxx xxx xxxxxxx xxxxxx xxxxxx xxxx xxx
                  xxxxxxx xxxx xxx xxxxxxx xxxxxxx xxxxx xxxxxxxxxx
                  xxxxxxxx xxxx xxx xxxxxxxx
            the effect requesting the information will have on any potential
             prosecution,
            will the time element involved in obtaining the information
             result in unnecessary delays that may jeopardise any potential
             prosecution? and
            can the obtaining of information be carried out at the same
             time as other investigative enquiries, therefore minimising
             delays?

Obtaining evidence from alleged partner’s employer
26.    An alleged partner’s employer may be approached where the PPQ
       asserts that the alleged partner is working and the Investigator has
       obtained evidence that suggests a link between the alleged partner
       and the customer’s residence (see paragraph above on establishing a
       link).
27.    The type of information that would be useful in establishing that a
       LTAHAW/CP situation exists may include:
             address held by the employer for the alleged partner
             next of kin details
             salary payment details (perhaps to a joint account)
       On establishing a link to a customer, information regarding an
       alleged partner can be requested from an employer using form EQ1
       AP. This must be issued with an AO10 AP covering letter
28.    The officer making the approach to the employer must have been
       authorised under either S109A (JCP) or S110 (LA) to use S109B and
       S109C powers - see the Section on Secretary of State’s
       Authorisations, in this manual.
29.    In exceptional circumstances, where surveillance cannot be carried
       out, officers authorised to use Sections 109B and 109C powers may
       approach an employer for information. [link to FRAIMS guidance –
       earnings enquiry]. However, prior written authorisation from the Fraud


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       Manager must be obtained and FRAIMS clearly noted as to why
       surveillance could not be conducted. LAs should follow local
       procedures. In seeking information, the Authorised Officer must
       consider and note on FRAIMS the following points, whether or not:
            the information requested is necessary, reasonable and
             proportionate to the investigation
            the requested information will assist in taking the investigation
             forward and
            obtaining the information is the least intrusive means of
             obtaining evidence.

       Investigators should be aware that the employer may inform the
       alleged partner of the enquiry.
30.    The above may apply where the employer is known and the:
             home location is unsuitable for surveillance
             home postcode area is designated as a potentially violent area
             alleged partner has a work pattern that precludes surveillance,
              for example, they work away from home for periods of time (for
              example, oil rig workers and lorry drivers) or
             the alleged partner is in the Armed Forces and posted away
              from home but the employer is known.
31.    Where the individual is a shift worker, the Investigator should consider
       contacting the employer with a general enquiry (not specifically
       referring to any employee) in order to establish what the working
       times are for each of their shifts. This will then enable the Investigator,
       once surveillance has been authorised, to conduct surveillance at
       suitable times to identify which shift the individual is working. Once
       this has been established surveillance can be carried out.

Suspension of benefit
32.    LA investigators may, at any point during the investigation, consider
       requesting a suspension of Housing Benefit (HB), for example, where
       an undeclared non-dependant is identified. JCP investigators can,
       once all evidence has been gathered, refer the case to the Decision
       Maker (DM) for a decision to be made whether to suspend payment
       of benefit.
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LTAHAW/CP Interview Under Caution
33.    Investigators should review the evidence available to them in order to
       decide whether an Interview Under Caution (IUC) is appropriate.
       Investigators should conduct an IUC if there are some reasonable,
       objective grounds to suspect that a LTAHAW/CP offence has occurred
       and based on known facts or information the likelihood is that an
       offence has been committed by the person to be interviewed or the
       person to be interviewed is complicit in the commission of the offence.
       If these conditions are not satisfied and it is clear that the case will not


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       progress to sanction, the Investigator should refer the case for
       Customer Compliance action.
34.    Consider whether it is appropriate to IUC the:
             alleged partner first
             customer first
             customer and alleged partner at the same time, in the office
              and in separate rooms
             customer in their home as a result of a notified visit or
             alleged partner in their home, as a result of a notified visit.
35.    In England and Wales, when interviewing the customer under
       caution, the investigating officer may put to the customer evidence
       that has already been obtained from the partner or another third
       person (be it documentary evidence or otherwise). This could
       include information that has been obtained from the IUC of the
       partner. Similarly, evidence obtained from the customer and another
       third person could be put to the customer’s partner should there be a
       need to interview the partner. It should be noted that great care
       should be taken not to recite verbatim the IUC of another person to
       the customer during the customer’s IUC because this may render
       those parts of the customer’s IUC inadmissible in criminal
       proceedings.
36.    In Scotland, a spouse/civil partner is a competent witness but not a
       compellable one and must be advised that they are not required to
       give evidence that might incriminate their spouse/civil partner.
       However, a partner is both competent and compellable. In either
       case it would be the Procurator Fiscal who decides whether or not to
       cite them as a witness. Their evidence would then be given in Court.
37.    In England and Wales, witness evidence is usually admitted in
       criminal proceedings by the production of oral witness evidence at
       Court. The witness will be asked on oath to give evidence in
       examination in chief on behalf of the prosecution. Subject to the
       authority of the trial judge (or from guidance by the Court clerk in a
       Magistrates’ Court) witness evidence may be agreed between the
       prosecution and the defence by the production of a Section 9
       witness statement. In the context of a LTAHAW/CP case, it is highly
       unlikely that the defence will agree the written evidence of one
       spouse/civil partner against the other (or one partner against the
       other) and in practice it is unusual for one spouse (or partner) to
       testify against the other. If a couple are married/civil partners they
       are competent but not compellable witnesses. This means that one
       spouse/civil partner may choose to give evidence against the other
       but cannot be forced to do so. No such restriction applies to couples
       who are unmarried/not in a civil partnership (or couples who have
       since divorced/dissolved their civil partnership). For further guidance
       see the section on Evidence Gathering in this manual.
38.    In Scotland, witness evidence is given in Court in the form of oral
       testimony only.



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39.    Before a statement is taken from any individual the investigator must
       fully explain:
             why the statement is being requested
             that the statement may be shown to the customer or alleged
              partner
             that the statement may be used in court in criminal
              proceedings and
             that they may be asked to give evidence in court.

       The person should be advised that having made a statement, they can
       still withdraw/retract the statement at a later date. However, this will
       need to be in writing, and will not necessarily exempt them from being
       called as a witness. Further guidance may be found in the Witness
       Interviews section of this manual.
40.    Evidence obtained from an investigation will usually be made
       available to the DM so that a decision regarding the customer’s
       benefit entitlement can be made. The process of informing the DM
       must be detailed. This evidence is made available to a customer if
       there is an appeal against the DM’s decision. Therefore,
       investigators must ensure that any sensitive material is not disclosed
       to the DM because this information may inadvertently be disclosed
       to the customer if an appeal against the DM’s decision is made.
       Under no circumstances should information obtained from an
       informant be disclosed to the DM. For further guidance see The Role
       of the Decision Maker (Confidential and Sensitive Information)
       section of this manual.
41.    When conducting any LTAHAW/CP interview, the investigator
       should be aware that:
              most of the evidence will be circumstantial
              factors contributing towards LTAHAW/CP are particularly
               personal. (Try to obtain information to establish entitlement
               without intruding into people’s lives more than is necessary)
              they should not make or imply any moral judgement and
              they must not impound, withdraw or place a stop on an
               Instrument of Payment unless it is given voluntarily by the
               customer (receipt it in normal way).

       LAs must not impound, withdraw or place a stop on an Instrument of
       Payment under any circumstances.

Areas to cover during a LTAHAW/CP interview
42.    If a case is to proceed to prosecution, the investigating officer will
       need to obtain evidence in relation to certain facts which will enable
       the DM and then the prosecutor to make decisions on benefit
       entitlement and whether the evidential threshold under the Code for
       Crown Prosecutors has been met. For example:
             whether or not occupants of the accommodation are members



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             of the same household (co-residence)
            the length and stability of the relationship (with specific dates)
            public acknowledgement (appearance of marriage/civil
             partnership)
            children of the relationship and
            financial relationship.

       JCP investigators may wish to consider the questions covered on, or
       to complete, form CP2(LT) – Living Together. If a CP2(LT) is
       completed, it must be passed to the Nominated LTAHAW/CP
       Decision Maker.
43.    An Investigator must not ask questions regarding a couple’s sexual
       relationship but can note any information volunteered to them.
       However, Investigators should be aware that the absence of a
       sexual relationship does not preclude a LTAHAW/CP situation. A
       JCP Investigator must issue leaflet INF3 to the customer and allow
       time for them to read it before the interview continues.

Members of the same household (co-residence)
44.    For a couple to be considered as members of the same household it
       must be their sole or main place of residence. They may live
       together apart from temporary absences necessary for employment,
       visits to relatives, etcetera. Where there is more than one address it is
       necessary to establish the couple’s main place of residence at one or
       other address through closer questioning.

Stability of the relationship/domestic arrangements
45.    To enable an Investigator to establish the stability of a relationship,
       the Investigator will need to consider whether or not the relationship
       is similar to that of husband and wife/civil partners.

Public acknowledgement
46.    The Investigator should establish how third parties perceive the
       couple, (for example, neighbours and employers). Some couples
       represent themselves as husband and wife/civil partners and some
       couples retain their identity as unmarried/not in a civil partnership.
       This does not mean they cannot be regarded as LTAHAW/CP.
47.    Investigators must not mention to the third party that the customer is
       in receipt of benefit. If the investigator is questioned as to who they
       are and whom they work for, he/she must explain that they work for
       Jobcentre Plus or the appropriate LA. This is particularly important if
       the intention is to obtain a witness statement from the third party. If
       the third party declines to provide a statement, the Investigator must
       make a note of the information given by the third party in their N1
       official notebook. Further guidance on obtaining information from
       third parties may be found in the Evidence Gathering section of this
       manual.



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Children
48.    The Investigator will need to establish that the couple have accepted
       parental responsibility for the children within the household. This
       may indicate that the couple are LTAHAW/CP. Xx xxx xxxxxxx
       xxxxxxxxx xxxxxxxxxxx xxxxx xxxxxxx xxx xxxxxxx xx xxx xxxxxxx
       xxxx xx xxxx xxxxxxx xxx xxx xxxx xxxxxxx xxxxxxx xx xxxx
       xxxxxxxxxxxxxxxxx Such information must be sought via the OIU in
       accordance with the relevant guidance. Refer to the Intelligence
       Gathering section of this manual and record the approach.
       Xxxxxxxxxxx xxxxxxxxx xxx xxxxxxx xxxxxxx xxxx xx xxx xxxx
       xxxxxx xxx xxxxxxx xxxxxxxxx xxxxxx.

Financial relationship
49.    The Investigator will need to establish the financial arrangements of
       the household. Xxx xxxxxxxx
            xxxxxxxxx xxxxxxx xx xxx xxxxx xx xxx xxxxx
            xxxxxxxx xx xxxxxxxx xxxxxxxx xxxxx xxx xxx xxxxx xxx
             xxxxxxxxx xxxxxxxx xxx xxxxx xxxx xxxxxxx xx xxxx xx xxx xxx
             xxxxxx
            xxx xxx xx x xxxxx xxxx xxxxxxxxxxxxxxx xxxxxxx xxxxxx
            xxxxx xxxxxxxx xx xxxxxxxx xxxxxx xxxxx.

Action following the interview
50.    Where the customer at IUC denies the presence of the partner in the
       household and states that the partner was living at an alternative
       address, the investigator can consider surveillance on the alternative
       address. He/she should also follow any reasonable lines of enquiry
       which arise following the IUC, for example:
              interviewing any potential witnesses mentioned by the
               customer in the IUC
              contacting the LA housing department to check if alternative
               addresses are registered for the customer or alleged partner.
51.    In all cases, the customer must be told that the information gathered
        will be passed to the DM for a decision to be made on their benefit
        entitlement. The customer should also be told that the case will be
        passed to someone to determine whether the case will be sent for
        prosecution/sanction, etcetera.

Causal link (Jobcentre Plus and LAs)
52.    When there has been a face-to-face interview with a customer who
       denies LTHAW/CP, the Investigator must hold the file for twenty
       eight days following the intervention. If by the end of that period the
       customer notifies the department that they are LTAHAW/CP or
       withdraws their claim, a Monetary Value of Adjustment (MVA) or
       Weekly Incorrect Benefit (WIB) Saving can then be claimed, as
       causal link has been established due to the Investigator’s
       intervention. The MVA must be recorded.


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53.    It is not appropriate to record a MVA or WIB under causal link
       instructions, where benefit terminates or is adjusted for reasons
       other than LTAHAW/CP.
54.    For instructions on claiming a MVA in cases where causal link
       applies, see Appendix 1.

Weekly Incorrect Benefit Saving (WIBS) (LAs only)
55.    LAs will be rewarded for identifying LTAHAW/CP cases where the
       customer has not previously reported this to LA or DWP. LAs should
       consult the HB/CTB Security Manual for guidance on how to claim
       WIBS.

Other LTAHAW/CP situations
Fictitious desertion
56.    Fictitious Desertion is considered to have occurred when a customer
       suggests that their partner has left the address. However, evidence
       later comes to light to demonstrate that they had never separated
       and had continued to live together as a couple throughout the period
       concerned.

Collusive separation
57.    Collusive separation is when the partner has left. However, they may
       have separated after agreeing to a course of action, (for example, to
       take advantage of the benefits system, the partner moves out for a
       short period of time with the intention of moving back after the claim
       to benefit has been processed and payment commenced).

Undisclosed marriages/civil partnerships
58.    If a customer is married/in a civil partnership and lives with their
       spouse/civil partner and ticks the ‘no’ box to having a partner on the
       claim form, their claim is false from the outset. The claim form will
       contain a false statement. If the marriage/civil partnership takes
       place during the claim and the customer fails to declare the
       marriage/civil partnership, this is a failure to notify a change of
       circumstances.
59.    Establishing an offence is not a simple matter and will be dependent
       upon the method of payment and / or review forms available and
       what the customer knew at the time. However, an investigator needs
       to:
             prove the customer is married/in a civil partnership and
             question the customer to establish what they know about the
              conditions of entitlement to benefit.
60.    If considering an IUC, the Investigator should obtain a full certified
       copy of the marriage/civil partnership certificate from the registrar
       and show it at the IUC. (For guidance on obtaining a marriage or
       civil partnership certificate see the Evidence Gathering section of


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       this manual).
61.    If the customer denies marriage/civil partnership, the investigator
       must prove the person named on the certificate is the customer.
       Proof of identity will have been provided to the registrar before
       marriage/formation of a civil partnership. Witnesses to the
       marriage/civil partnership are recorded on the certificate and can
       corroborate that the customer and the person named on the
       certificate is the same person.

Partner’s involvement
62.    If the alleged partner is suspected of forming some part of the
       alleged fraud and there are grounds to suspect that the partner
       committed an offence, such as aiding and abetting (England and
       Wales), art and part (Scotland) or dishonestly/knowingly allowing –
       the Investigator can consider interviewing the partner under caution.

Landlord/tenant relationship declared
63.    This is where a couple agree to create an impression that the
       LTAHAW/CP relationship is one of landlord and tenant. This may
       occur from the outset of the claim or develop from one that began
       strictly on a commercial basis. As well as establishing proof of
       LTAHAW/CP, Investigators should obtain evidence regarding:
              rent liability
              commercial tenancy or
              contrived tenancy.

       Further guidance may be found in the Landlord and Tenant Fraud
       and Joint Working sections of this manual.

Other benefits affected by living together
64.    For further information on benefits affected by LTAHAW/CP see
       Appendix 3.

Appendices
Appendix 1      Recording Monetary Value Adjustment (MVA) in
                LTAHAW/CP cases (Jobcentre Plus only)
Appendix 2      When to record MVA in LTAHAW/CP cases (Jobcentre Plus
                only)
Appendix 3      Other benefits affected by LTAHAW/CP




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