Changing from HB to LHA

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Hi,

I am finishing up work next week due to having to care for my daughter for a period of time.

I want to take this opportunity to change for HB to LHA. I beleive i have terminate my housing benefit for at least one week and then re-apply. I intend to have this unpaid period next week, ie cancelling claim on Friday and reapplying the following Friday. Can the Local Authority ask for the reason for which i want to terminate my HB claim ?

On HB i currently pay and extra 40 per month to top up my rent. LHA would cover the whole amount.

Any information would be appreciated.

Thanks,

Karen

Comments

  • cifpower
    cifpower Posts: 6,502 Forumite
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    You do not have to give a reason for cancelling a claim
  • gottasavecash
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    cifpower wrote: »
    You do not have to give a reason for cancelling a claim

    Thanks, do you know of anything i can quote.

    I actually work for the Local Authority and colleagues who work in the same department as me deal with HB and LHA so i would be cancelling with someone i know. I just don't there to be any awkwardness.

    Thanks,

    Karen
  • cifpower
    cifpower Posts: 6,502 Forumite
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    Something to quote? I don't know what you mean. Just close your current claim, wait a week and then claim under LHA
  • dmg24
    dmg24 Posts: 33,925 Forumite
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    Be aware that your 'new' claim could take several weeks to process, so you will need to find alternative means of paying your rent for this time (though you will receive this money back eventually).
    Gone ... or have I?
  • gottasavecash
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    dmg24 wrote: »
    Be aware that your 'new' claim could take several weeks to process, so you will need to find alternative means of paying your rent for this time (though you will receive this money back eventually).

    Hi,

    Luckily i am privvy to how far behind the HB section are working and it is, i think the shortest ever, just 1 week ! I have been saving whilst working so i have just about enough to cover the rent in the event that it takes longer.

    Thanks,

    Karen
  • hbgirl
    hbgirl Posts: 109 Forumite
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    hmmm... to be honest this IS a grey area. in THEORY a person cannot just cancel their claim (yes, yes, i know, crazy but true). however, most LAs will allow this. actually most LAs are well aware of people wanting to switch to LHA and will tell you exactly how to go about it. you have just make sure you cancel your claim from the date it is paid up to to avoid an overpayment, and then apply the following week to make sure the new claim starts the monday after. tbh, just ask your mates in the HB dept! i am sure they won't mind!
    I work in Housing Benefits however my comments are my own understanding of the law / procedures and you should also check with your local authority.
  • gottasavecash
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    hbgirl wrote: »
    hmmm... to be honest this IS a grey area. in THEORY a person cannot just cancel their claim (yes, yes, i know, crazy but true). however, most LAs will allow this. actually most LAs are well aware of people wanting to switch to LHA and will tell you exactly how to go about it. you have just make sure you cancel your claim from the date it is paid up to to avoid an overpayment, and then apply the following week to make sure the new claim starts the monday after. tbh, just ask your mates in the HB dept! i am sure they won't mind!

    I've been off sick from work and the people i did manage to ask said they didn't know how it works, they're customer service and not HB department.

    Well I went ahead and cancelled my claim on the phone on Friday 20th March beleiving that my HB claim would terminate the following Monday ie 23rd March. I wasn't asked for a reason when i called.

    Anyway, i got the paperwork through from LA today and they're saying i am entitled obviously to no benefit from the 1st April (Wednesday).

    This has totally thrown me because i know i have to stop my claim for one full week. My last day at work is Friday 27th March and i intended for this week (ie the one we're in) being the one i have no claim for to be able to change over. Now that they don't stop it till 1st April, i think i will have to wait to the 8th April which means my LHA claim won't be started until the 13th April. Which means the cost of the changeover will cost me 2 full weeks HB ie 250 pounds.

    The strange thing is, my council tax benefit is suspended with effect from the 27th April.

    I am confused, can anyone shed any light on this ?

    Thanks,
  • PhlangePhace
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    Just make it clear on your claim form that you are requesting a one week gap in HB.
    You obviously want CTB to be continuous, anyway.

    Technically claiming within a week of cancelling can lead to HB being re-instated continuously (which is what you don't want) so request the gap for HB only.

    With a week gap in benefit the new HB period should then be assessed on LHA scheme.
  • real1314
    real1314 Posts: 4,432 Forumite
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    hbgirl wrote: »
    hmmm... to be honest this IS a grey area. in THEORY a person cannot just cancel their claim (yes, yes, i know, crazy but true). however, most LAs will allow this. actually most LAs are well aware of people wanting to switch to LHA and will tell you exactly how to go about it. you have just make sure you cancel your claim from the date it is paid up to to avoid an overpayment, and then apply the following week to make sure the new claim starts the monday after. tbh, just ask your mates in the HB dept! i am sure they won't mind!


    hbgirl, This definitely used to be the case, and I used to quote it myself, but it has been changed so that someone can just ask to cancel a claim. This was for some of the other social security benefits, however I think it was from a commissioners decision and would therefore apply to all related benefits.
    Also there was a circular re nreaking a claim to get LHA which stated that there was nothing to prevent it being done.
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