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.