SMI waiting periods

I may be over-thinking this but I would be grateful for some suggestions.

Cl has been on IR ESA for some time and has lived in residential care for most of that time. The cl is now considering living in the community with the NHS providing carers 24/7 on a shift system.

The cl is considering Shared Ownership and as they do not have a current HB claim it seems likely that they will have to claim UC to get the ‘rent’ element of the shared ownership paid.

The query regards how long they would have to wait for SMI, as far as I can see the SMI loan would be available when the cl is on UC without the nine- month wait but only provided the cl got ‘housing costs’ from ESA in the month leading up to the UC claim or they were still in a waiting period for SMI while on ESA.

It is very clear that they do not meet the first condition, they have been in res care and couldn’t possibly get ‘housing costs’ .

What I am less clear about is the second condition. The cl has without doubt served the nine months wait for SMI when on ESA but was never entitled to it and the waiting period expired a long time ago. Does this mean that they will have to wait nine months from the start of the UC claim to get SMI or can they get it straight away?

I would say immediately.  See Loans for Mortgage Interest Regulations 2017 Regulation 21.  Provided that there is less than a month gap between irESA ending and UC starting.