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 two separate requests to consider the waiving
of the local land charge for £10,000 each relating to
specific disabled facilities grants awarded.   Due to the sensitive and confidential nature
regarding individual cases, the details for each request are
provided as a confidential report and are identified as Case A and
Case B. 
 
The
Lead Cabinet Member for Housing is asked to consider whether it is
appropriate to waiver the local land charge in respect of the
applications received.

Content

To
refuse the requests for both Case A and Case B to waiver the local
land charge upon sale of the property.

Reasons for the decision

Based
on the financial information provided, it was considered, on
balance, that neither Case A or Case B would suffer financial
hardship if the local land charge was implemented.

Alternative options considered

To approve the request to
waiver the local land charge upon sale of property
Reasons for Rejection: Based on
the details provided by the applicants requesting the waiver of the
local land charge, the Council are satisfied that it is reasonable
to require repayment. 
The Council has a duty to protect the public purse
and in both Case A and Case B it would be an inappropriate use of
financial resources if the Council did not seek to reclaim some of
the grant.