UC and disability adaptations

Hi Guys

we think we know the answer but want to pick your beautiful minds to double/triple/quadruple check

We have a tenant - tenancy started November 2021
tenant was already on UC but did not have housing costs as lived with parents - he declared housing costs and we confirmed these on the portal on 17/11/21.

tenant has Cerebral Palsy and gets LCWRA and enhanced PIP

the property needed a few adaptations including a specialist toilet - however due to the external company having delays this has still not been fitted in the property and the tenant is not able to move in without this adaptation.

Tenant has been receiving full housing costs from UC since November 2021 even though he hasnt moved into the property

we know that UC can allow 1 month of HC prior to moving in if it was reasonable due to adaptations for disability but can UC allow longer as we’re now at nearly 5 months and still no end date for the adaptations to be completed?

Tenants father is wanting to notify UC and let them know he hasnt moved in yet due to the delays - but we think this is now going to cause an overpayment of housing costs due to Sch3 para 7 UC regs

we are looking at it from a housing point as well but wanted to double check that UC wouldnt really allow this length of time just so we can confirm this with the tenants father and basically forewarn him that an overpayment might occur

any help, advice, previous experience would be greatly appreciated

I agree with you VRW, Schedule 3 para 7 only allows one month, therefore an overpayment is likely to be generated.

Would the social landlord not have to consider waiving the rent for the period in between starting the tenancy agreement and necessary adaptations being completed?

As a social landlord yes we are looking at that but i wanted to double check the UC side as we need to give him advice and basically check that any overpayment issued is correct amount

I am dealing with a similar situation. I would suggest that any housing costs your tenant has received so far are an overpayment, because the month for adaptations can only be applied retrospectively after moving in (“the claimant has since moved in”). Once he moves in he can be treated as having moved in a month previously - which I think will mean he is covered from the beginning of the previous AP.

Edit: As an aside, I was thinking you shouldn’t have verified the housing costs until he moved in, but actually the Landlord Portal doesn’t ask for that information - it just asks “Is this person your tenant and liable for rent at this address?” which, of course, he was.