My client has informed HB about drop in wages, which just took place and is going to be permanent(less hours worked due to caring duties-disabled child). Client provided this info on employer's headed paper, signed by manager, exact amount gross pa entered- so it seems this would be sufficient. No other c.o.c
To his horror, the HB was promptly suspended under Regulation 11(1), The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001.
They want two payslips (which means that client has to wait 2 months to provide them with, as he gets paid end of the month).
I was trying to find any regs that would help me to convince HB case officer that if the c.o.c is likely to lead to more, rather then less benefit, then the benefit should not be suspended in whole.
I would be grateful for your help.
Joanna

I would try quoting reg 12 - from the decisions and appeals regs - the point is that his ben will increase so it would seem unfair to suspend the claim when there is not going to be an overpayment and in fact the Housing Benefit amount he will be receiving is incorrect until such time as they have the information they require.

Reg 11 is clearly there to suspend a claim where there is doubt as to future entitlement eg that it reduce or cease altogether and the possibility of an overpayment being created once a change has been actioned.

Although the regs might permit this, it was clearly not what they were intended for. A complaint to the Council's monitoring officer followed up by a complant to the ombudsman if not quickly resolved might be the best option.

In agreement with the above, the suspension of Benefits is to prevent overpayment, if the clients income is decreasing the only way this could affect his entitlement is losing his 16 hour disregard which I presume is not in play in this case. In effect all the LA are doing is creating more work for themselves, benefit could have remained in payment at the current rate, prov assessed based on new payslip, with request for further slip when received. If they are insistant on sticking to their decision, may I suggest you ask if they have an earnings certificate, the employer could then complete to certify his reduced earning over the first week and reassess on that?

Thank you for all your input.
I have requested an earning certificate and called to convince them of "more work for them" argument.
Outcome; benefit re-instated, with future re-assessment based on cert of earnings.
Wham bam thank you ma'm (and gentelmen).