Wed 09-Sep-09 12:48 PM by trishc
Just to expand a tiny bit on the above responses: Circular G10/2008: "Whilst there is no statutory mechanism expressly permitting a customer to withdraw their claim after it has been decided, there is a body of case law which holds that a customer cannot be forced to continue receiving benefit when they have indicated that they no longer wish to do so. The relevant case law that we have considered is: • CJSA/1332/2001 • CDLA/1589/2005 • CJSA/3979/1999 Commissioners have held that it is a fundamental condition of an award of benefit that the claimant is prepared to receive payments. In other words, if a person indicates unequivocally and freely that they no longer wish to receive benefit, entitlement should cease from that point on."
That being accepted, as JMembery says the claimant should withdraw their claim, and at the same time, their partner should make a new claim, which by virtue of being new, will fall straight under LHA rules without the need for a weeks gap. Bingo. No such easy get round for the single claimant though.
Co-incidentally, the ESA guidance is full of instances where a “better-buy” calculation should be carried out for CTB/HB, and if the family would be better off if the claimant and partner swapped roles, then this should happen. Without the need for a weeks gap or, apparently, a new claim…but I’m not an assessor and haven’t looked into this bit. But it reinforces the claimant/partner swap as a legitimate method of maximising benefit entitlement.
As Kevin says, make sure the customers sign everything.
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