Misreported housing costs

You can use this template if:

• your client gave an incorrect figure for the amount of their rent when they claimed UC
• when their UC was awarded, the calculation of their entitlement to the housing costs element was based on this incorrect amount of rent
• your client informed the DWP of the correct rent figure within 13 months of the date of the DWP's decision on their claim
• your client's rent had not changed since the date of their claim
• the DWP has superseded the decision and based their award on the correct rent figure from a date later than the first assessment period

If an incorrect rent figure has been reported by a claimant when they make their claim for UC, but this is corrected by the claimant within the time limit for an any grounds revision:

1. the appropriate means of changing the award was by an any grounds revision under reg 5 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013 (‘the D&A Regs’)
2. revision under reg 5 allows the Secretary of State to alter the original determination in any case where it does not correspond to the claimant’s correct entitlement, even in circumstances where the claimant was at fault (SSWP v Miah [2024] EWCA Civ 186)
3. the decision of the Secretary of State to supersede the award in these circumstances is incorrect. Reg 32 of the D&A Regs states that a decision which may be revised may not be superseded

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number

Background facts

• the correct amount of your client's rent from date of their claim
• the amount of rent your client said they were liable for when they claimed UC
• the date your client claimed UC
• the date on which your client notified the DWP of the correct rent figure and how they did this

Information about the decision

• the date from which UC was awarded
• your client's UC assessment period
• the amount of the housing costs element included in their maximum UC from the date of their claim
• the date of the DWP's decision to amend the UC award following receipt of your client's notification of the correct rent figure
• the date from which the correct rent figure was included in the UC award

Note: to give your client instructions on how to download a copy of their UC journal and payment statements use our tool: Make instructions for clients on how to get information from their online universal credit account