URGENT HELP REQUIRED, END HB OR PAY LANDLORD

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  • #31696
    Anonymous
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    CLMT HAS MENTAL HEALTH ISSUES & KEEPS REQUESTING HIS HB CLAIM TO BE CANCELLED DUE TO HIS L/L NOT PROVIDED HIM WITH A TENANCY AGREEMENT (CLAIMANT ON INCOME SUPPORT)

    LETTERS RECEIVED FROM CLAIMANTS SOCIAL WORKER STATES:- DO NOT CANC HIS H/B CLAIM EVEN IF HE REQUEST HIS CLAIM TO BE CANCELLED, DUE TO MENTAL HEALTH ISSUES

    LANDLORD STATES CLAIMANT IS OVER 8 WEEKS IN RENT ARREARS, SO HB IS PAID DIRECT TO HIS LANDLORD (ALSO LHA SAFEGUARD IN PLACE)

    CLAIMANT KEEPS REQUESTING HIS CLAIM TO BE CANCELLED, DUE TO NOT HAVING A TENANCY AGREEMENT & STATES WE ARE BREAKING THE LAW BY NOT ENDING HIS CLAIM

    WE HAVE BEEN PAYING THE LANDLORD RENT DIRECT, DUE TO RENT ARREARS & LHA SAFE GUARD

    IF THE CLAIMANT KEEPS REQUESTING HIS H/B CLAIM TO BE CANCELLED, SHOULD HIS CLAIM END EVEN THOUGH HE HAS MENTAL HEALTH ISSUES???

    (WE HAVE ASKED THE CLAIMANT TO PROVIDE A LETTER FROM HIS DOCTOR STATING HE IS OF SOUND MIND & IS ABLE TO DEAL WITH HIS OWN AFFAIRS – NOT RECEIVED

    #88647
    Kevin D
    Participant

    Unless the claimant is subject to any form of order allowing, or even requiring a third party to assist, his wishes must be followed – no matter of it being, apparently, in the face of common sense.

    I suppose a third party could apply to become an appointee under HBR 82 and, therefore, effectively bypass the claimant. Trouble is, is it wise for a third party to become an appointee and, potentially, be a target for any subsequent o/p?

    In short, I agree with the claimant. If he has expressly stated he wishes to end his award of HB/CTB, he is entitled to do so and I’m not aware of anything in law that allows a LA to ignore such a request.

    {Edited to add} If the LA continues to pay and there is subsequently an o/p, it *may* be open to argument that any monies paid after the claimant’s request to end benefit could constitute voluntary payments and may be well nigh on impossible to recover – whether or not recoverable under benefits legislation.

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