Living Together as Husband and Wife

In social security law in the United Kingdom, a couple may be treated as Living Together as Husband and Wife even though not married. This has the effect that for means-tested benefits their resources are treated as held in common. There are also effects on benefits which depend on the claimant not having a partner.

Living together has been part of the law since the beginning of the modern welfare state in 1948. The term "Living Together as Husband and Wife" was introduced from 4 April 1977 and means the same as the phrase "cohabiting with a man as his wife" which was used before that date.

To be regarded as Living Together as Husband and Wife – or as a couple of the same sex – there are six questions to consider. These questions have been repeatedly considered by the Social Security Commissioners and the higher courts. The question of cohabitation should take into consideration all the six questions, and looking at the relationship as a whole.

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