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Disability Facilities Grant
A client applied for a DFG, with help from family, believe it was a wet room. Was an owner occupier, then a short while after the wet room had been put in he moved out with his daughter and they all went to live in a another property which was larger. He then transferred the ownership of his property to his daughter, whom then went on to rent it out. As a result the local Authority are seeking repayment of the DFG. They are trying to claim the move was necessary due to the deterioration in client’s health.
Wonder is there any case law or other relevant references that would help clarify what is reasonable in vacating a property before the permitted time has elapsed, as shown in the legislation and guidance below?
GR
A4U
Housing Grants, Construction and Regeneration Act 1996
21 Disabled facilities grants: certificate required in case of owner’s application.(1)A local housing authority shall not entertain an owner’s application for a F9… grant unless it is accompanied by an owner’s certificate in respect of the dwelling to which the application relates or, in the case of a common parts application, in respect of each flat in the building occupied or proposed to be occupied by a disabled occupant.
(2)An “owner’s certificate”, for the purposes of an application for a F10… grant, certifies that the applicant—
(a)has or proposes to acquire a qualifying owner’s interest, and
(b)intends that the disabled occupant will live in the dwelling or flat as his only or main residence throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit.
On Page 5 of guidance:
When applying for a grant the applicant, whether an
owner occupier, tenant or landlord will be asked to
sign a certificate stating the intention that throughout
the grant condition period, currently five years, (or
such shorter period as the disabled person’s health
and other relevant circumstances permit) the disabled
person will occupy the dwelling as his or her only or
main residence.
My colleague Clive Martin, who is the repository of all knowledge about DFGs and edits our DFG Law CD, writes:
The issue here is under what provision the local authority are seeking to recover the money.
If a charge was put on the property under the provisions of the 2008 Disabled Facilities Grant (Conditions relating to approval or payment of Grant) General Consent:
then the local authority are seeking to recover a legal charge on the property, although they have a discretion not to do so. It’s not clear whether the costs of the works mentioned came to more than the £5k lower limit.
If it is under s.21 HGCRA then the usual view taken is that it is rarely possible to enforce the grant condition in this way, if, at the time of the completion of the owner’s certificate, it was the disabled person’s intention that s/he would remain in the property.
See the most recent guidance on this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7821/138595.pdf
in particular:
“An ‘owner’s certificate’ certifies that the applicant has, or proposes to acquire, an owner’s interest (as defined in section 21(2)) in the dwelling, and that he intends that the disabled occupant will live in the dwelling as his only or main residence from the certified date throughout the grant condition period or for such shorter period as his health and other relevant circumstances permit. The certificate serves to confirm the intention on application, and does not require repayment of grant where there is a breach of condition.”
It may be that the local authority are politely requesting the money (as in time past the DWP would request that an overpayment be repaid when it was due to official error and was not recoverable compulsorily). Such a polite request could be politely refused.
Thanks Gareth for your valuable reply, the amount the local authority are looking for is £9407.87.
GR