Purpose

The
purpose of this decision is to consider the waiver of local land
charges which are registered against properties where a Disabled
Facilities Grant has been awarded.

 

Since 1990, local housing authorities have been
under a statutory duty to provide grant aid to disabled people for
a range of adaptations to their homes. 
This grant aid is means tested for adults (not for children), with
maximum grants of up to £30,000.  
 

Under the Housing Grants, Construction and
Regeneration Act 1996: Disabled Facilities Grant (Conditions
relating to approval or payment of Grant) General Consent 2008, the
Council can place a limited charge against owner occupied
properties in order to recoup costs over
£5,000, with a maximum charge of £10,000.  The charge is repayable upon disposal of the
property (sale, assignment or transfer)
within 10 years of the certified date. 
 
The
legislation states that a local authority must consider the
following before it can demand repayment:
 

i)         
the extent to which the recipient of the grant would suffer
financial hardship were he to be required to repay all or any of
the grant;
 

(ii)        whether the disposal
of the premises is to enable the recipient of the grant to take up
employment, or to change the location of his employment;
 

(iii)       whether the disposal is
made for reasons connected with the physical or mental health or
well being of the recipient of the
grant or of a disabled occupant of the premises; and
 

(iv)     
whether the disposal is made to enable the recipient of the grant
to live with, or near, any person who is disabled or infirm and in
need of care, which the recipient of the grant is intending to
provide, or who is intending to provide care of which the recipient
of the grant is in need by reason of disability or
infirmity
 

            
is satisfied that it is reasonable in all the circumstances to
require the repayment.

 

The Council has received a request to waiver the
land charge totalling £1,984.16 relating to a disabled
adaptations grant provided in 2020.  The
applicant’s health has deteriorated to an extent that they
are now moving in with their daughter who will provide
care.  Under the legislation it is
appropriate to waive the charge in these circumstances and the
Council is satisfied that the move is required for the purposes
specified.

Content

To
approve the request to waiver the local land charge of
£1,984.16.

Reasons for the decision

Under
criteria iv) set out in the legislation (as stated above) it is
considered reasonable to waiver the local land charge in this
instance as the applicant is moving to live with her daughter for
care purposes.

Alternative options considered

Option 1: To refuse the request to
waiver the charge upon sale of the property.
Reasons for Rejection: Reasonable
reasons for refusal must be given as the Council could be legally
challenged for failing to do so.