Private Sector Housing Assistance Policy

8.1Repayment of Disabled Facilities Grant

Housing Grant, Construction and Regeneration Act 1996: Disabled Facilities Grant (Conditions relating to approval or repayment of grant) General Consent 2008, allows for repayment of individual mandatory DFG's that exceed £5,000 up to the maximum statutory award of £30,000. The maximum amount that the Council can require to be repaid in respect of a mandatory grant is £10,000. However, where a discretionary grant is provided over above the £30,000 to facilitate works the Council is also able to require repayment of this amount.

The Council will secure the amount to be repaid by applying a limited charge to the property recorded on the Local Land Charges Register. The limited charge will last for 10 years from completion of the works and if the property is disposed through sale, assigned or transferred to another person the Council will seek repayment of the grant. In relation to discretionary grant, the limited charge will have no time limit and will require repayment of the grant when the property is assigned, transferred or sold.

The General Consent Order 2008 sets out the factors that the Council will have considered in deciding whether to require repayment, those are:

1. the extent to which the recipient of the grant would suffer financial hardship where he to be required to repay all or any of the grant
2. whether the disposal of the premises is to enable the recipient of the grant to take up employment, or to change the location of their employment
3. whether the disposal is made for reasons connected with the physical or mental health or wellbeing of the recipient of the grant or of a disabled occupant of the premises
4. 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, or who is intending to provide care of which the recipient of the grant is in need by reason of disability or infirmity

Source: The Housing Grants, Construction and Regeneration Act 1996: Disabled Facilities Grant (Conditions relating to approval or payment of Grant) General Consent 2008

Having considered the above circumstances, the Council may at its discretion, considering all the facts available to it, make a decision that the recipient should not be required to repay some or all of the grant. In making decisions as to whether this discretion will be exercised the recipient may be asked for additional information, including financial information.

Grant monies repaid may be used to fund capital projects across all tenures that deliver or promote independent living, resident wellbeing or improved health outcomes.

8.2Repayment of discretionary loans

Where an equity share loan is provided the Council's interest is lodged on the property's title deeds with HM Land Registry. The cost of doing this is included in the loan.

Previously issued Council Loans that were registered as a charge with Local Land Charges are being registered with Land Registry through the application of a unilateral notice.

Repayment of the full amount of the loan is required:

• on sale or transfer of ownership of the property
• if the property ceases to be the applicant's principal residence
• if the property remains vacant for more than six months

The Council may decide not to demand full repayment or may defer its demand for repayment under the following circumstances:

1. where the loan is in joint names and one of the applicants has died and the other named person is still in residence or the ownership of the property is transferred to a person who lives there as their only place of residence and who was in residence at the time of the applicant's death
2. where it is satisfied that the applicant is so elderly and infirm that they are disposing of the dwelling with the intention of going to live in a hospital, a hospice, a nursing care home where care will be provided
3. where the applicant has been forced to move due to racial or other harassment or domestic violence
4. moving to a property that facilitates a more appropriate care setting for the applicant

All decisions are at the discretion of the Council when considering all the facts of the cases and whether the recipient would suffer financial hardship should they be required to repay all or any part of the loan. In making decisions as to whether this discretion will be exercised the recipient may be asked for additional information, including financial information.

Loan monies repaid may be used to fund capital projects across all tenures that deliver or promote independent living, resident wellbeing or improved health outcomes.