Appendix 2: Disabled Adaptations Grant conditions and general requirements

The following general requirements and conditions will apply to both mandatory and discretionary Disabled Facilities Grant.

Applications for grant

Definition of a Disabled Person

For the purpose of the legislation relating to DFG’s a person is defined as being disabled if:

Their sight, hearing or speech is impaired.
They have a mental disorder or impairment of any kind, or.
They are physically substantially disabled by illness, injury, impairment present since birth or otherwise.

A person aged under eighteen is taken to be disabled if:

They are registered in a register of disabled children maintained under the Children Act 1989, or.

In the opinion of Pembrokeshire County Council Social Services Department, they are a disabled child as defined for the purposes of the Children Act 1989.

Applicant’s criteria

The Authority cannot consider an application for a mandatory or discretionary DFG unless it is satisfied that:

The applicant has or proposes to acquire an owner’s interest in the dwelling on which the relevant works are to be carried out, or

The applicant is a tenant of the dwelling where the relevant works are to be carried out.

Certificates required in case of owner’s application.

An owner’s application for a DFG must be accompanied by an owner’s certificate which will certify that the applicant has or proposes to acquire an owner’s interest and that they intend that the disabled occupant will live in the dwelling as their only or main residence throughout a period of five years following completion of the works.

Certificates required in case of a tenant’s application.

A tenant’s application for a DFG must be accompanied by a tenant’s certificate which will certify that the application is a tenant’s application and that the applicant intends that the disabled occupant (whether that is the applicant or someone in the applicant’s household) will live in the dwelling as their only or main residence throughout a period of five years following certified completion of works.

A tenant’s application should be accompanied by an owner’s certificate from the person who at the time of the application is the landlord under the tenancy.

Tenants must obtain their landlords written permission for the works to be carried out to the property before approval is given. Where a landlord withholds this permission for the works to be done then the grant cannot be approved.

Occupiers and Consent Certificates (houseboats and park homes)

Occupiers of houseboats or park homes must provide an 'owners certificate' certifying the intention of the disabled occupier to occupy the qualifying houseboat or park home as his/her only main residence throughout the grant condition period (5 years from the certified date). Any such certificate must also be accompanied by a letter of consent from each person who has an owner’s interest in the property, land or mooring to which the application applies.

Cost of works

The Authority uses public money to fund the provision of both mandatory and discretionary adaptations and as such must ensure value for money.

When officers schedule the work to be carried out, they will ensure it meets the needs of the applicant at that time and will prepare a basic specification. Should the applicant wish to have a higher specification that will cost more, they will then have to pay the difference themselves.

The applicant will require to obtain two competitive quotations wherever possible for the cost of the works. The grant will be approved based on the most cost-effective quotation or alternatively on officers’ costings using in-house schedule of rates. Where the applicant wishes to use a specific contractor who may cost more than the approved costs that have been deemed acceptable by the Authority, then the applicant will have to pay the difference to the contractor direct.

If a grant applicant has a preferred scheme of works that meets the assessed need to the same degree as the scheme proposed by the Authority, then the Authority will part fund the preferred scheme to the same degree as the grant eligible works (notional scheme). Any extra over costs associated with the clients preferred scheme i.e., unforeseen works, architect’s fees etc., must be met by the grant applicant. Confirmation must be obtained from all parties involved that the applicants preferred scheme meets their assessed need in full.

Means tested contributions

Applicants for DFG’s will be required to undergo a test of resources (means test) to determine whether any contribution is to be paid towards the cost of the works. The Authority will undertake such a means test in line with prevailing statutory provisions in force at the point of application. Parents of disabled children and young persons (19 or under and still in fill time education and in receipt of child benefit) are not subject to a test of resources. Once an OT referral is received applicants will undergo a provisional test of resources which at that point i.e., enquiry stage, is not evidenced based. The outcome will provide an early indication of their contribution, if any, towards the proposed scheme. If applicants proceed to formal application, they will be required to provide documentary evidence of their finances to support their formal application.

Those applicants in receipt of a qualifying statutory benefit are passported and in such cases confirmation of benefit receipt will be required.

Grant approval

The Authority is required to approve or refuse the grant within six months of a valid application being made. A valid application is deemed to be made when the following documentation is submitted: -

Completed application form.
The appropriate certification dependant on tenure i.e., owners’ certificate; joint owners’ certificate, tenants’ certificate etc together with proof of ownership or tenancy.
The appropriate complete evidence of financial resources in order that the Authority can undertake the Test of Resources
The appropriate number of quotations together with any other supporting documentation i.e., detailed drawings and statutory and legal consents when and if needed.

Officers of the Authority will assess the appropriate documentation submitted as part of the valid occupation. Once they have determined that the works are reasonable and practical, they will determine whether to formally approve or otherwise the application.

The Authority will not approve an application for grant where the relevant works have already begun.

The Authority will not approve an application for a DFG if the relevant works have been completed.

Following completion officers will carry out a final inspection to ensure the work has been carried out as specified and completed to a satisfactory standard.

Payment of grant

A target has been set of ten working days to process final payment from receipt of all relevant paperwork.

Completion of work

The legislation requires that the Authority pay the grant on condition that the work has been carried out to its satisfaction. It also states that it can pay the contractor/agent direct where it has been given formal instruction by the grant applicant that this would be the preferred method of payment.

The Authority agrees to make interim payments to assist owners, agents, and contractors to carefully plan and manage the cash flow required for the successful completion of the relevant works.

During the works interim payments can be claimed at any stage where the release of funds of up to 90% of the invoice/valuation will be made. At no point will the total interim payment value exceed 90% of the cost of the approved grant.

At each request for interim payment applicants will be required to: -
Give notice that the works have been completed to the set value.
State that there has been no change in ownership and
Undertake to refund the interim payment(s) in the event of:

Works not being completed satisfactorily within the time allowed or
In the event in any change of ownership of the property prior to the certified completion and payment of the full amount of grant.

An Officer will inspect the works once completed and if in their professional opinion the work has been done satisfactorily and the client has confirmed that they are happy with the standard of workmanship carried out by signing the completion certificate, payment may be made direct to the service provider as instructed by the applicant. Any other payments that may be due for works over and above the approved scheme will be the responsibility of the applicant and must be paid to the contractor direct.

If there is a dispute between the grant applicant and the contractor and the Authority is satisfied that the work has been completed to a satisfactory standard, payment of any outstanding grant money will be made directly to the contractor. If the Authority is not satisfied with the standard of work, it will retain the grant money until such time as any works issues have been resolved.

Grant / Loan applicants must be aware that the Authority is in no way responsible for the work of the contractor and that there are no contractual obligations between the contractor and Pembrokeshire County Council.

The purpose of the final inspection is simply to protect the public purse. All contractual relationships with respect to the carrying out of the works are between the grant applicant and the contractor.

Entitlement to grant ceases

Where a grant applicant ceases to be entitled to a grant before completion of the works the legislation states that the Authority cannot pay for any grant or any further instalments (as the case may be) after that date. If the grant applicant makes an owner’s application, he ceases to be entitled to a grant when he ceases to have a qualifying owner’s interest or ceases to have the intention specified in the owner’s certificate which accompanied the grant application. If the grant applicant makes a tenant’s application, he ceases to be entitled to a grant when he ceases to be a qualifying tenant of the dwelling or if the landlord ceases to have the intention specified in the owner’s certificate submitted with the application.

The Authority has the right under the legislation to demand any instalment that has already been paid to be repaid together with interest from the date on which it was paid until the date of repayment. The Authority will consider each case on its own merits in deciding whether to recover any such payments.

In some cases, there is a change in circumstance after the grant has been approved that affect the payment of the grant.

These circumstances (which are prescribed in legislation) are: -

where the works cease to be necessary and appropriate to meet the needs of the disabled occupant.
the disabled occupant ceases to occupy the dwelling; or
the applicant dies.

In such circumstances, the legislation states that the Authority can take such action as appears to be appropriate and decide:

that no grant shall be paid or, no further instalments shall be paid.
that the works or some of them should be completed and the grant or an appropriate proportion of it paid; or
that the application should be re-determined in the light of the new circumstances.

Cases in which the grant may be recalculated, withheld, or repaid

The Authority is entitled to refuse to pay grant or any further instalment of grant which remains to be repaid or make a reduction in the amount of grant in the following circumstances: -

the Authority ascertains that the amount of grant approved based on inaccurate or incomplete information and exceeds that which the grant applicant is entitled.
the Authority ascertain that without their knowledge the eligible works were started before the application was approved.
the works are not completed within 12 months of approval.
the cost of works is less than the estimated expense upon which the grant was calculated.
without prior approval from the grant officer, the work has been carried out by a contractor who was not one of the contractors who originally quoted for the works.

Repayment in cases of compensation

It is a condition of the grant that the applicant takes reasonable steps to pursue any relevant claim and to repay the grant as far as appropriate out of the proceeds of such a claim.

A claim is: -

An insurance claim or legal claim against another person in respect of damages to the premises to which the grant relates, or.
A legal claim for damages in which the cost of the works to the premises to which the grant relates is a part of the claim.

In such cases where a claim is pending settlement, an approval can be issued under Section 51 of the Housing Grants Construction and Regeneration Act 1996 on the proviso that following settlement of the claim the applicant will be required to repay to the Authority in the full value of the grant provided to them.

Deferring payment of grant

The Authority has the discretion to defer any payment of an approved grant for a period of up to twelve months from the date of the grant approval. Any such decision should be set out in the grant approval notice.

Grant conditions following payment

In the case of a mandatory Disabled Facilities Grant the Authority has resolved that it will demand repayment by the applicant of any part of grant that exceeds £5000.00.

the grant recipient disposes (whether by sale, assignment, transfer or otherwise) the premises in respect of which the grant was given within 10 years of the certified date; and
the Authority having considered –

The extent to which the grant recipient would suffer financial hardship were they to be required to repay any or all the grants.
Whether the disposal of the premises is to enable the grant recipient to take up employment or to change the location of their employment.
Whether the disposal is made for reasons connected with physical or mental health and.
Whether the disposal is made to enable the grant recipient to live with, or near, any person who is disabled or infirm and in need of care which the grant recipient is intending to provide or who is intending to provide care of which the grant recipient is in need by reason of disability or infirmity.

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

If a grant recipient is of the opinion that any of the exemptions may be appropriate, then they will be required to submit written representations with supporting evidence to the Authority setting out their case in full. The decision on whether to waiver either all or a proportion of the grant recovery will be made following recommendation by the Head of Public Protection and Housing

In cases where Discretionary Disabled Assistance has been provided where an applicant has not made a financial contribution towards the scheme the sum of 50% of the value of the grant paid will become repayable on breach of the occupation conditions attached. The process to apply for waiver to the right of recovery is as detailed above.

The condition is secured as a local land charge and is binding on any person who is for the time being the owner of the dwelling or building.

Pembrokeshire Housing Financial Assistance Policy