This is what I was sent in regards to how they class as someone commuting fraud...
You have to understand the fraud that is being (or not being) committed.
Living Together As Husband & Wife (LTAHW) investigations are looking at a fraud where one party claims state benefit as a SINGLE parent. The state gives the SINGLE parent an amount of money to live on because they are looking after a young child and are unable to earn an income to support themselves and their child/ren. Or , are on a really low wage and tax credits. It is this low income that qualifies for housing benefit.
In a LTAHW investigation we are looking at the 'conditions' of entitlement. Is this person a single parent, is the money available to support the claimant (and a child) EXACTLY as they have declared. ? Or is the claimant at a financial advantage to someone who does not have a partner.
Here are a three examples. Hopefully it will explain why the 3 night rule is a myth.
1. Sarah has 2 children under 5 and lives alone. Baby is a year old and cannot Work. She receives £150 a week and all her rent paid. She doesn't have a partner. She must pay all her costs from £150.
2. Susan has 2 children under 5. She is also unable to work. She also gets £150 a week and her rent paid. She has a partner who stays over 4 days a week. He comes over in the evening when the kids are in bed and leaves in the morning. They don't go out as Susan can't afford a babysitter. Her boyfriend has his own flat and own household expenses. He brings over a bottle of wine and takeaway once or twice a week. He makes no other contribution to the household.
3. Louise lives with her two children, doesn't work and also receives £150 a week and all rent. Her boyfriend stays over at weekends only as he works away and is 'registered' at his mums. (His post goes there and he pays Council tax there.) He takes Louise and the kids shopping on Saturday mornings. They go swimming together as a family in the afternoon. He has a car and both Louise and partner drive the car when he is staying. Louise's partner likes to watch sky sports , so he pays for the tv/telephone Wi-fi package. It's all in her name from before they met, so he transfers her the cost every month. Louise doesn't pay all her household costs from her benefit. Her food, phone and entertainment are funded by her partner. Her personal costs to run her home are substantially lower than Susan and Sarah's. She still has a few bills to pay but pays no food /phone entertainment, reduced travel costs BECAUSE she has a partner. All costs that she would have to pay if he wasn't there.
Sarah and Susan are not committing fraud. Louise is.
It's got absolutely nothing to do with 'how many nights'."