Has anyone in an LHA area tried withdrawing a HB claim briefly in order to take advantage of an increase in the rates without having to wait for the one year aniversarry? If so did you encounter any problems?

I'd be surprised if it was worth it to be honest.

There has been some controversy over whether a HB claim can be withdrawn once made. The regs do not appear to cover it, though various Commissioners have roundly trashed the idea that a person cannot choose to stop claiming if they want to.

So it should not be a problem, but as I say, I do question whether it's worth doing. The rates really don't move very much from one month to the next.

Depends on how much HB you get. My client has an entitlement to £12 under the 'old' rate but this would be £24 under the new one. This big jump is perhaps because it is a result of Salford moving onto BMRAs but for those claimants with only very small entitlement it might be worth doing at other times: £3 a week adds up to more than £150 over the year. I only know of one commrs case on stopping claiming by choice and that is a JSA one. Any references for HB/CTB would be much appreciated.

I'm assuming Damian is referring to CJSA/3979/1999.

R(H) 2/06 is the only HB/CTB that I'm aware of where withdrawal of a claim was at issue - but that was in a different context altogether.

I am currently waiting for a determination from Mr Commissioner Pacey on leave to appeal in a case where my client asked to withdraw her claim after it had been decided.

Its not an LHA case but it will be relevant assuming the Commissioner grants leave, given that R(H)6/06 still leaves that point unresolved.

I do though think that unless I am fated to get the case heard by a Tribunal of Commissioners we may still have to wait for higher authority before we get the definitive answer.

Of course I meant R(H)2/06. R(H)6/06 is of course a decison of a Tribunal of Commissioners

I have been granted leave to appeal in CH/3921/2007.