Letter to cancel Housing Benefit - advice needed

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  • real1314
    real1314 Posts: 4,432 Forumite
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    Hi vyvyan,

    a few bits of advice:

    1. technically you cannot just withdraw your claim, although practically they will probably accept it.

    2. Fluctuating earnings are the worst case scenario for the claimant and the HB staff alike. They never know what to do with them and you never know where you stand.

    And a suggestion:

    Rather then lose out on money you are entitled to, why not write a clear letter to the council, stating the situation you find yourself in, and asking if they can find a way to set a consistent rate for a defined period. I would suggest that you ask for your HB to be re-assessed every 13 weeks, based on the previous 13 weeks earnings.

    There are many problems with the HB regs,not least of which is that earnings should technically be taken into account for the period they are paid - i.e if you are paid monthly and start work, you lose (some) HB from the week you start and struggle for the first 4 weeks. Sometimes presenting the HB staff with a solution they can agree to is better for you.
  • peter999
    peter999 Posts: 7,097 Forumite
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    real1314 wrote:
    1. technically you cannot just withdraw your claim, although practically they will probably accept it.
    WHAT ???
    Where did you get this nonsense from ??

    Of course you can cancel HB or JSA without giving any reason.
    It's your claim, your responsibility & you can cancel at anytime.

    It baffles me, people give completely wrong advice.

    You do not have to give a reason & there is nothing suspicious about it.
    There are any number of reasons why you may stop claiming.

    Just write a simple letter saying you want to stop your claim for HB from such & such date.

    peter999
  • real1314
    real1314 Posts: 4,432 Forumite
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    peter999 wrote:
    WHAT ???
    Where did you get this nonsense from ??

    Of course you can cancel HB or JSA without giving any reason.
    It's your claim, your responsibility & you can cancel at anytime.

    It baffles me, people give completely wrong advice.

    You do not have to give a reason & there is nothing suspicious about it.
    There are any number of reasons why you may stop claiming.

    Just write a simple letter saying you want to stop your claim for HB from such & such date.
    And it's not "your claim" it's a claim based on regulations. The regs own it, not "you".

    peter999

    There are no regulation that allow the withdrawal of a claim on which a decision has already been made.
    Unless YOU can find one?

    It is often done/accepted on pragmatic reasons, but there are no grounds in law for it.

    I'm not sure why you're getting so OTT about what was just a small point about the technicalities of the relevant regs, rather than their practical impact.

    Edit data: Zebedee, Ward and Lister agree with me.
  • donnalove
    donnalove Posts: 574 Forumite
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    i know its a different benifit, but last year we had to claim income support, luckily after a few weeks my oh got another job. i rang to tell income support to end the claim but we had to put it in wrighting and also tell them start date, income and place of work
    why they need that information is beyond me but they insisted they needed it.
  • real1314
    real1314 Posts: 4,432 Forumite
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    donnalove wrote:
    i know its a different benifit, but last year we had to claim income support, luckily after a few weeks my oh got another job. i rang to tell income support to end the claim but we had to put it in wrighting and also tell them start date, income and place of work
    why they need that information is beyond me but they insisted they needed it.

    Because under the benefit regs there is no provision for withdrawing a claim that has been "decided".
    Before the claim has been decided a withdrawal can be made and no decision is then needed on the claim.

    (others might disagree but they lack the knowledge that I possess :D )
  • peter999
    peter999 Posts: 7,097 Forumite
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    real1314 wrote:
    There are no regulation that allow the withdrawal of a claim on which a decision has already been made.
    Unless YOU can find one?

    I'm not sure why you're getting so OTT about what was just a small point about the technicalities of the relevant regs, rather than their practical impact.
    The poster has decided themselves they want to STOP their claim & not get wrapped up in Regs. & technicalities any further.

    You seem to think the claimant does not have a right to STOP their claim.
  • peter999
    peter999 Posts: 7,097 Forumite
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    donnalove wrote:
    i rang to tell income support to end the claim but we had to put it in wrighting and also tell them start date, income and place of work
    why they need that information is beyond me but they insisted they needed it.
    They do not need all this information (ie. income/place of work).
    They ask (insist/assume) you should provide for their own data purposes.

    peter999
  • real1314
    real1314 Posts: 4,432 Forumite
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    peter999 wrote:
    They do not need this information.
    They ask (insist/assume) you should provide for their own data purposes.

    peter999

    Peter, do you have any actual informed knowledge of benefit regulations?

    The advice you are giving, in direct contradiction of my advice, is completely incorrect.
    Technically you CANNOT just withdraw a claim to benefit, you have to show that you are not entitled to the benefit.

    I'm not sure why you think you know better, but as Zebedee, ward and Lister are the authors of the Guide to HB and CTB regs, as published by Shelter I think they may be working off more accurate information that you are.

    Just because you "think" you are right, doesn't mean that you are.


    As for your other point about people not having the "right" to stop their claim, they don't. The law does not allow it (technically).
  • Hoddie_2
    Hoddie_2 Posts: 622 Forumite
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    It's true, you cannot withdraw a claim unless you can prove you are no longer entitled. That said, it seems to be only Tax Credits where they actually uphold this (I assume because the system is 100% automatic and they'd have to enter incorrect/false information in order to stop a live claim).
    Quidco savings: £499.49 tracked, £494.35 paid.
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
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    real1314 wrote:
    Peter, do you have any actual informed knowledge of benefit regulations?

    The advice you are giving, in direct contradiction of my advice, is completely incorrect.
    Technically you CANNOT just withdraw a claim to benefit, you have to show that you are not entitled to the benefit.

    I'm not sure why you think you know better, but as Zebedee, ward and Lister are the authors of the Guide to HB and CTB regs, as published by Shelter I think they may be working off more accurate information that you are.

    Just because you "think" you are right, doesn't mean that you are.


    As for your other point about people not having the "right" to stop their claim, they don't. The law does not allow it (technically).

    I find it difficult to believe that you can't say you don't WANT the benefit, even if you are entitled to it?

    No-one is forced to claim benefits, surely?
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
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