Crake & Butterworth v Supplementary Benefits Commission [1982]

Key Points:

• Legal Issue: The case concerned the criteria for determining whether two people are living together as a couple, particularly for the purposes of entitlement to supplementary benefits.

• Guidelines Established by Woolf J:

◦ Members of the Same Household: The court considered whether the individuals were living together in a single household, which serves as an indicator of a committed relationship.

◦ Stability: The stability and longevity of the relationship were crucial factors in the assessment.

◦ Financial Support: Financial interdependence or mutual financial support was a key factor.

◦ Sexual Relationship: The presence of a sexual relationship was considered, though not determinative.

◦ Children: The question of children, whether shared or from previous relationships, and how they are treated within the household.

◦ Public Acknowledgement: Whether the relationship is acknowledged publicly as a partnership, akin to marriage.

Impact and Analysis:

• Significance: This case laid down important guidelines or "signposts" that help in determining whether a couple is cohabiting, influencing future cases and welfare decisions.

• Application: These factors are not exhaustive but serve as a useful framework for assessing cohabitation in various legal contexts, balancing both objective criteria and the realities of individual relationships.