Find out more about amendments made to the housing assistance policy.
This is included for context and information purposes and includes a means test amendment within Torbay.
We will award mandatory Disabled Facilities Grant (DFG) according to the governing legislation – principally the 1996 Act and subordinate Regulations and Orders as amended - and guidance issued by central Government. This details amongst other matters the types of work that are to be funded, the maximum grant payable (currently £30,000), and the test of financial resources where applicable.
Any person who makes an application for a Mandatory DFG must:
Where an owner occupier has given a signed undertaking to occupy a property as their principal residence after completion of the works, and if they cease to do so during that time, they will repay on demand to us the total amount of Assistance paid out.
Where a landlord (or owner) has given a signed undertaking that the property will be available for letting for a period specified after completion of the assisted works and ceases to make the relevant property available for letting during the specified period. Then the landlord will repay on demand to the council the total amount of Assistance paid out.
Where we have the right to demand repayment, but extenuating circumstances exist, we may determine to waive the right to repayment or to demand a sum less than the full amount of Assistance paid out.
As a part of the application process, we will require certificates relating to property ownership and future occupation and will request permission from the owner. We would reasonably want to ensure the tenant has the right to carry out the works and that the landlord would not object or attempt to reinstate the property and evict the client.
Those works eligible for mandatory disabled facilities grant are set out in section 23(1) of the 1996 Act, as amended. These are:
We have decided to re-introduce Local Council Tax Reduction (LCTR) as a ‘passporting’ benefit for applicants for the Mandatory DFG. Prior to the Government’s revision of the list of passported benefits in 1996, applicants in receipt of Council Tax Benefit were exempt from the Test of Resources. Council Tax Benefit was the predecessor national benefit to Local Council Tax Reduction is a similar benefit to LCTR.
The inclusion of entitlement to LCTR as a passported benefit restores the pre-1996 position and consequently will enable many residents receiving LCTR to apply for a mandatory DFG without having a means test.
Applicants in receipt of LCTR will be exempted from the requirement of the Test of Resources (means test). The passporting benefit for a DFG is ‘Local Council Tax Reduction’ not a single person discount or any other discount scheme which may be available.
Armed Forces Independence Payments (AFIP) as with the civilian equivalents, are ignored as income as for the DFG means test and should be treated as receipt of the daily living component Personal Independence Payments at the enhanced rate. These criteria are set by government as part of the means test criteria for the grant.
Due to the unique obligation and sacrifice of danger for serving and veteran military personnel, any lump sum payments received through military compensation and military war pension will be disregarded as part of the DFG means test.
All other aspects of the means test conditions still apply where a client does not receive a passporting benefit.
We will include as part of the mandatory disabled facilities grant the cost of a maintenance agreement for a period of five (5) years (where available) from the certified date for stair lifts, through-floor lifts, Clos-o-mat type toilet, step-lifts and similar equipment installed with the assistance of that grant. Where maintenance agreements of 5 years are not available through the manufacturer we will fund the maximum available warranty. When installing a reconditioned stair lift, any unspent warranty will be increased to the full 5 years if possible.
A mandatory disabled facilities grant application will only be made if the works are both ‘necessary and appropriate’ and ‘reasonably practicable.’ Where an applicant prefers a different scheme of works to that approved by us, we may offer to ‘offset’ the value of the original scheme towards those greater works with appropriate safeguards. This is at our discretion.
Works which have been started prior to the approval of an application will not be eligible for financial assistance.
Unexpected works which arise during the carrying out of eligible works will be considered for assistance if the works could not have been reasonably foreseen and if they are vital to the completion of a safe and effective adaptation.
Unforeseen works carried out without prior approval from us will not be eligible for assistance. Where unforeseen works are necessary these will be added to the grant up to the specified maximum for mandatory disabled facilities grant. Costs above the mandatory grant maximum may be supported as discretionary assistance in accordance with this policy. Care must be taken when agreeing to schemes of works on third-party property such as tenanted accommodation, that the property owner is fully engaged with the decision process. This is also particularly important where an architect or similar is acting on the customer’s behalf, and where issues such as planning permission, building control and other regulation are involved.
Our DFG award is for a sum of funding only and is not inclusive or exclusive of using any specific contractors or products. Customers may specify and choose their own contractors, agent, products, and designs - but take responsibility for those choices. The responsibility for supervision of the works rests with the applicant or with any suitably qualified and indemnified building professional or agent acting on the applicant’s behalf and not with us.
All work must be undertaken:
Payment of grant/assistance will be made, in whole or by part payments, on receipt of the contractor’s invoice following satisfactory completion of the eligible work as determined by the council’s officer.
Mandatory DFG will be subject to a means test per the regulations made under the 1996 Act, including any local amendments within this policy. The maximum mandatory disabled facilities grant award at the time of policy publication is £30,000 minus any contribution required by a ‘means test’ (test of financial resources. If the maximum grant limit is changed by statute, then the maximum available DFG award by us will reflect this.
Where successive applications are awarded, the applicants’ assessed contribution to the first grant award will be taken into account if within the period of the contribution originally calculated (10 years if owner, 5 years if tenant).
Note: where an applicant receives a recognised qualifying means tested benefit they will not be further means tested and they will have no calculated contribution to make. Where works are for the benefit of a child or young person up until their 19th birthday or younger at the date of application - they too will be exempt from a means test.
DFG applications or recommendations will usually be processed in chronological order, in line with any approved priority system, except in emergency circumstances at our discretion.
In approving an application for financial assistance, we will require as a condition that the eligible works are carried out following any specification we have decided to impose.
The eligible works must be carried out by the contractor(s) upon whose estimate the financial assistance is based, or if two estimates were submitted, by one of those contractors. Our consent must be obtained before the works if a contractor who did not submit an estimate is to carry out the works, and if an agreement is given, an estimate from the new contractor must be submitted to us (this does not automatically convey a difference in revised grant award – any additional costs must be separately financed by the client).
An invoice, demand or receipt will not be acceptable if it is given by the applicant or a member of the applicant’s family. Where works are carried out by the applicant or a member of their family, only the cost of materials used will be eligible for financial assistance.
It is a condition of the financial assistance that the eligible works are carried out within 12 months of the date of approval of the application. This period may be extended by us if we see fit, particularly where we are satisfied that the eligible works cannot be completed for good cause – requests for additional time must be made in writing before the 12-month period ends and approved extra time will be confirmed in writing.
The payment of the financial assistance to the applicant will be dependent upon the works being carried out to a standard that is satisfactory to the Council and upon receipt of a satisfactory invoice, demand, or receipt for the works and any preliminary or ancillary services or changes.
The Council will usually make payments direct to the contractor on behalf of the client, and not usually to the applicant. Where the applicant disagrees with a payment made direct to a contractor, no payment shall be made until any dispute is resolved. Legislation permits the Council to make payment by delivering to the applicant an instrument of payment in a form made payable to the contractor, OR by making payment direct to the applicant in accordance with information provided prior to grant approval.
NOTE: Contractors receiving direct payment may be required to provide sufficient information to be set up on the Council’s financial systems – BUT this should not frustrate the client’s choice, as the mandatory disabled facilities grant (only) is an award of funds and not an award tied to a specific contractor with additional financial conditions.
It is a condition of the grant that throughout the grant condition period (that is 5 years from the date of certification) the dwelling is occupied in accordance with the intention stated in the certificate of owner occupation or availability for letting or intended tenancy.
Where the applicant or disabled person for whom the adaptation is required dies prior to grant application then no funding will be available via the Mandatory DFG for any costs incurred.
Where the applicant or disabled person dies after the grant has been awarded, then reasonable fees will be paid from the grant where those have been incurred and can be evidenced. If works have been started then they will be completed to a reasonable point, excluding the provision of any specialist equipment. Each case would be decided individually based on circumstances and the stage of works completed, but it would be expected that all electrical and plumbing installation works would be completed and able to be used, although decoration and finishes etc. may not be completed.
Customers who meet the Disabled Facilities Grant eligibility and are therefore entitled to a grant allocation may wish to ‘top-up’ the Disabled Facilities Grant funding. The disabled facilities grant recommendation by the Occupational Therapist will be for the most cost-effective solution which meets all identified needs and will look to adapt an existing property. Where a customer wishes to pursue a different scheme, they will be responsible for the difference in costs between the disabled facilities grant ‘Mandatory Scheme’ and the final cost of the works, including unforeseen costs.
The disabled facilities grant team surveyor and Occupational Therapist will work with the customer, their architect, and builders as applicable, to ensure that the final scheme meets the disabled person’s needs and where applicable planning and building control regulations have been adhered to.
Some Mandatory Disabled Facilities Grant funding may be recoverable via land charges and in accordance with permitted values as outlined in the Housing Grants, Construction and Regeneration Act 1996: Disabled Facilities Grant (Conditions relating to approval or payment of Grant) General Consent 2008. All land charges placed by the Council with regard to mandatory disabled facilities grants will be placed in accordance with this Order.
Where the customer is an owner-occupier and not a tenant, a sum of up to £10,000 may be recovered for works more than £5,000. This sum would only be recovered if the property were sold or title otherwise transferred within 10 years of the certified (completion) date of works, subject to the Council’s discretion to reduce or waive in the case of financial hardship. All recoverable costs would be registered as a land charge against the property.
NOTE: this is separate and different to the potential repayment of grant in the event of a breach of occupancy conditions or detected fraud. Also, Councils are entitled to recalculate grant awards in limited circumstances, such as for example if any relevant insurance claims are pending, and to cease making payments and to seek repayment in some cases as detailed in sections 40-42 of the 1996 Act.
Where a charge (repayable grant) is due for recovery, on receipt of a written request from the responsible person within the Disabled Facilities Grant team will consider the options to reduce or waive repayment in particular circumstances to be determined in accordance with the following criteria.
If that initial decision is not accepted and further appealed, details of that appeal will be determined by the Head of Service, together or in consultation with the appropriate Divisional Director of the Council.
All recoverable charges will be recorded as local land charges. The charge will not be placed on the first £5,000 of any award of mandatory disabled facilities grant funding. Any sum awarded above £5,000 will be subject to a land charge, up to a maximum land charge value of £10,000.
All land charges are placed for a 10-year period from the date of completion and the value of the charge does not change throughout that period.
Worked examples of the charge are given below:
No land charge placed
Land charge value would be the value of works above £5,000
i.e.
The land charge placed would be £10,000 for all cases where the cost of works and grant awarded was £15,000 or more as this is the maximum land charge that can be placed for a mandatory DFG.