We were in a relationship that was off and on but did not reside together for more than 4 consecutive months. I am pretty sure that we would not be considered common law although he qualified for health care premiums at a lower rate that I would. I was the one paying these premiums and they came out of my account. I will be the only one who is claiming this. I am entitled to do so right?

Were you previously in  a common law relationship? If you were up till the breakdown that's fine.  If the relationship began and ended in the tax year then that is ineligible.  The rules for common law relationship is that you would have live together the previous 12 months.