Hello,

(This is also my first time posting to the forum.)

I have a client whose new tenancy has just started, but who is still in her old property because she does not have items she needs for the new place. She is unable to manage without the items because of her disabilities. (She receives DLA at both high rates and has twice-daily visits from support workers for personal care - so no doubt about disabilities. She said that the support workers don't do housework.)

She has applied for a CCG, but the office say that they won't even be able to look at her app for 2 weeks because they've got a backlog.

Both her old and new tenancies are temporary accommodation provided via the local authority, but owned by private landlords. The old place has the requisite dishwasher and washing machine in situ. The new place is furnished but lacks these things.

She is understandably anxious about meeting the rent on both tenancies.

I was wondering if there is any case-law on the argument that items obtained via a Social Fund grant can constitute a disability adaptation to the dwelling?

(If relevant, we've got a copy of Zebedee & Ward, but not the HB regs book yet. Though I found 5(5)(e)here:
http://www.rightsnet.org.uk/dc/dcboard.php?az=show_mesg&forum=102&topic_id=410&mesg_id=411&page= )

In CH/3488/2004 at para 8 Mr Commissioner Levinson considered whether redecorating and providing new kitchen cupborads could consitute adapatation for diablement needs. He decided it could not as it was more a question of reasonable comfort rather than adaptation for specific diablement needs.

Mr Commissioner May QC considered, but made no judgment as to whether re-capteting conld be such an adaptation in CSHB/0385/2005.

Thanks for these references. However, I've not found any of them yet on the Commissioners' website or on Briefcase. Are they posted anywhere else?

CH/3488/2004 sounds useful - especially if there's any more discussion of what qualifies as an adaptation. The items that my client has applied for might not seem so 'cosmetic' as DMs often regard carpeting & decorating.

Oops its CH/3458/2004 not 3488, but if you have any troble finding it email me and I will send it to you

CSH/0149/2006: www.osscsc.gov.uk/aspx/view.aspx?id=2059

I'll try and get the others to Rightsnet in the next day or two.

This is really good of you. Thanks very much.

Various CDs have confirmed that carpeting is not an adaptation for the purpose of HBR 7(6((e). Including:

CSH/0149/2006
CSH/0150/2006
CH/1363/2006