Housing Grants, Construction and Regeneration Act 1996

Disabled facilities grants

19Disabled facilities grants: owner’s and tenant’s applications

(1)A local housing authority shall not entertain an application for a disabled facilities grant unless they are satisfied—

(a)that the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out, or

(b)that the applicant is a tenant (alone or jointly with others)—

(i)in the case of an application in respect of works to a dwelling, of the dwelling, or

(ii)in the case of a common parts application, of a flat in the building,

and, in either case, does not have or propose to acquire such an owner’s interest as is mentioned in paragraph (a).

(2)References in this Chapter to an “owner’s application” or a “tenant’s application”, in relation to a disabled facilities grant, shall be construed accordingly.

(3)In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) as met by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.

(4)In this Chapter, in relation to an application for a disabled facilities grant—

• “qualifying owner’s interest” means an owner’s interest meeting the condition in subsection (1)(a) or treated by virtue of subsection (3) as meeting that condition; and

• “qualifying tenant” means a tenant who meets the conditions in subsection (1)(b).

(5)In this Chapter“tenant”, in relation to a disabled facilities grant, includes—

(a)a secure tenant, introductory tenant or statutory tenant,

(b)a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the [1988 c. 50.] Housing Act 1988,

(c)an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and

(d)a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Secretary of State;

and other expressions relating to tenancies, in the context of an application for disabled facilities grant, shall be construed accordingly.

20Disabled facilities grants: the disabled occupant

In this Chapter the“disabled occupant”, in relation to an application for disabled facilities grant, means the disabled person for whose benefit it is proposed to carry out any of the relevant works.

21Disabled facilities grants: certificate required in case of owner’s application

(1)A local housing authority shall not entertain an owner’s application for a disabled facilities grant unless it is accompanied by an owner’s certificate in respect of the dwelling to which the application relates or, in the case of a common parts application, in respect of each flat in the building occupied or proposed to be occupied by a disabled occupant.

(2)An“owner’s certificate”, for the purposes of an application for a disabled facilities grant, certifies that the applicant—

(a)has or proposes to acquire a qualifying owner’s interest, and

(b)intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

22Disabled facilities grants: certificates required in case of tenant’s application

(1)A local housing authority shall not entertain a tenant’s application for a disabled facilities grant unless it is accompanied by a tenant’s certificate.

(2)A“tenant’s certificate”, for the purposes of an application for a disabled facilities grant, certifies—

(a)that the application is a tenant’s application, and

(b)that the applicant intends that he (if he is the disabled occupant) or the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.

(3)Except where the authority consider it unreasonable in the circumstances to require such a certificate, they shall not entertain a tenant’s application for a disabled facilities grant unless it is also accompanied by an owner’s certificate from the person who at the time of the application is the landlord under the tenancy.

23Disabled facilities grants: purposes for which grant must or may be given

(1)The purposes for which an application for a disabled facilities grant must be approved, subject to the provisions of this Chapter, are the following—

(a)facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, flat is situated;

(b)making the dwelling or building safe for the disabled occupant and other persons residing with him;

(c)facilitating access by the disabled occupant to a room used or usable as the principal family room;

(d)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;

(e)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, or facilitating the use by the disabled occupant of such a facility;

(f)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a bath or shower (or both), or facilitating the use by the disabled occupant of such a facility;

(g)facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a washhand basin, or facilitating the use by the disabled occupant of such a facility;

(h)facilitating the preparation and cooking of food by the disabled occupant;

(i)improving any heating system in the dwelling to meet the needs of the disabled occupant or, if there is no existing heating system in the dwelling or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;

(j)facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control;

(k)facilitating access and movement by the disabled occupant around the dwelling in order to enable him to care for a person who is normally resident in the dwelling and is in need of such care;

(l)such other purposes as may be specified by order of the Secretary of State.

(2)An application for a disabled facilities grant may be approved, subject to the provisions of this Chapter, for the purpose of making the dwelling or building suitable for the accommodation, welfare or employment of the disabled occupant in any other respect.

(3)If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve any of the purposes set out in subsection (1) or the purpose mentioned in subsection (2), they may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the authority to be necessary for that purpose.

24Disabled facilities grants: approval of application

(1)The local housing authority—

(a)shall approve an application for a disabled facilities grant for purposes within section 23(1), and

(b)may if they think fit approve an application for a disabled facilities grant not for a purpose within that provision but for the purpose specified in section 23(2),

subject to the following provisions.

(2)Where an authority entertain an owner’s application for a disabled facilities grant made by a person who proposes to acquire a qualifying owner’s interest, they shall not approve the application until they are satisfied that he has done so.

(3)A local housing authority shall not approve an application for a disabled facilities grant unless they are satisfied—

(a)that the relevant works are necessary and appropriate to meet the needs of the disabled occupant, and

(b)that it is reasonable and practicable to carry out the relevant works having regard to the age and condition of the dwelling or building.

In considering the matters mentioned in paragraph (a) a local housing authority which is not itself a social services authority shall consult the social services authority.

(4)An authority proposing to approve an application for a disabled facilities grant shall consider—

(a)in the case of an application in respect of works to a dwelling, whether the dwelling is fit for human habitation;

(b)in the case of a common parts application, whether the building meets the requirements in section 604(2) of the [1985 c. 68.] Housing Act 1985.

and the authority shall take that into account in deciding whether it is reasonable and practicable to carry out the relevant works.

(5)A local housing authority shall not approve a common parts application for a disabled facilities grant unless they are satisfied that the applicant has a power or is under a duty to carry out the relevant works.