Disabled facilities grants

A disabled facilities grant is a grant for adapting or providing facilities for a disabled person in a dwelling, a houseboat or caravan, or in common parts of a building containing one or more flats.[1]

Disabled facilities grants are mandatory, which means that a local authority must provide a grant to a person who has met all the required conditions (see below). However, a local authority may decide to give discretionary assistance for adaptations in addition to, or instead of, a mandatory disabled facilities grant.

A disabled person may be entitled to assistance and services, including specifically aids and adaptations,[2] which local authorities are under a duty to provide, under the Care Act 2014, regardless of whether or not a disabled facilities grant is available.

A disabled facilities grant may not be approved unless the local authority is satisfied that the works are necessary and appropriate to meet the needs of the disabled occupant, and that it is reasonable and practicable to carry out the works having regard to the age or the condition of the building.[3]

The local authority assesses the application in consultation with the social services authority.

A disabled facilities grant must be made available if it is required for one or more of the following purposes:[4]

• facilitating access by the disabled person to and from the premises

• making the dwelling, houseboat, caravan or building safe for the disabled occupant or other people living with her/him

• facilitating access by the disabled occupant to a room which is used or could be used as the main family room

• facilitating access to, or providing, a room which is used or could be used for sleeping

• providing, or making it possible for a disabled occupant to access, a room containing a lavatory, bath, shower or wash-hand basin, or facilitating its use

• making it possible for food to be prepared or cooked

• improving any heating system in the dwelling, houseboat or caravan to meet the needs of the disabled occupant, or, if there is no existing heating system or it is unsuitable, providing a suitable system

• facilitating the use by the disabled occupant of a source of power, light or heat, by altering the position of access and control or providing additional means of control

• facilitating access and movement by the disabled occupant around the dwelling in order to enable her/him to care for a person who is normally resident in the dwelling and is in need of such care (for example a disabled child) and

• other purposes which may be specified by the Secretary of State

It must also be made for the purposes of facilitating access to and from a garden by a disabled occupant or making access to a garden safe for a disabled occupant.

For the purpose of these provisions, a garden is defined as 'belonging to, or enjoyed with, a dwelling, caravan or flat which is occupied by a disabled occupant' and includes:

• a balcony adjoining the dwelling of a disabled occupant

• a yard, outhouse, or appurtenance which belongs, and is normally enjoyed within, the boundaries of the land where the dwelling or caravan is situated – in the case of a flat this means a yard, outhouse or other appurtenance which the disabled occupant enjoys

• land adjacent to a disabled occupant's qualifying houseboat

If a local authority finds that the relevant works are more or less extensive that is necessary to achieve one of the purposes set out above, they can, with the applicant's consent, treat the application as varied. This means that the relevant works are limited to, or include, such works as the authority believes to be necessary to achieve that purpose.[5]

Provided the works for which the disabled facilities grant application is made is to be carried out for the benefit of a disabled occupant, any of the following people can apply:[6]

• an owner-occupier (ie the freeholder or a leaseholder with an interest of at least five years)

• a landlord

• a tenant

• certain licensees (if prescribed by the Secretary of State)

• an occupier of a caravan

• an occupier of a houseboat

A disabled occupant is any person with a disability (see below), for whose benefit it is proposed to carry out any of the relevant works.

A person qualifies as disabled if they:[7]

• suffer from a mental illness or disorder

• have a significant hearing, sight or speech impediment

• are physically disabled as a result of an injury or an illness

• are over the age of 18 and is registered as disabled under section 29 of the National Assistance Act 1948

• are a minor and is registered as a disabled child under the Children Act 1989

An applicant who is below the age of 18 does not qualify for a disabled facilities grant.[8] It is possible, however, for an adult to apply for a disabled facilities grant for the purpose of providing facilities for a person who is under 18.

A person from abroad (who is not allowed to claim housing benefit) cannot apply for a disabled facilities grant.[9]

Local authority and registered social landlord tenants are eligible to apply for disabled facilities grants and are assessed for needs on the same basis as private owners and tenants. If a council tenant requests help with adaptations, the local authority decides whether to carry out the work under its own resources for capital works or to advise the applicant to apply for a disabled facilities grant.

An application for a disabled facilities grant must be made in writing and must include details of the works needed, at least two estimates of the costs of carrying out the works and details of any other services and charges such as the disconnection of utilities.[10]

The requirement that the application be made on a prescribed form has been revoked,[11] so potential applicants should consult the relevant local authority regarding the application procedure. A certificate containing information about the future occupation of the property must be attached to the application. The local authority will not consider any application that is submitted without a certificate. There are three different types of certificate.

Owner-occupiers

An owner's certificate certifies that the applicant has, or proposes to acquire, an owner's interest in the dwelling, and that they intend that the disabled occupant will live in the dwelling as their only or main residence from the certified date throughout the grant condition period or for such shorter period as their health and other relevant circumstances permit.[12]

Tenants

A tenant's certificate certifies that the applicant is the tenant, and that they intend that the disabled occupant (or if they are the disabled occupant) will live in the dwelling as their only or main residence from the certified date throughout the grant condition period or for such shorter period as their health and other relevant circumstances permit.[13]

A tenant's application should, however, normally be accompanied by an owner's certificate from the landlord, unless the local authority considers that it is unreasonable in the circumstances to ask for it.[14]

Occupiers of houseboats/caravans

In the case of a houseboat or caravan, an occupier's certificate is required stating that the applicant is the occupier and that the applicant intends that they (if they are the disabled occupant) or the disabled occupier will live in the houseboat or caravan as their only or main residence throughout the grant condition period or for such shorter period as their health and other relevant circumstances permit.

An occupier's application must usually be accompanied by a consent certificate from each person who owns the mooring or land on which the houseboat or caravan is stationed, or who owns the houseboat or caravan (ie the landlord and/or site owner).[15]

The local authority is required to provide notice in writing approving or refusing the grant application. A notice should be issued as soon as reasonably practicable, and not later than six months after the date of the application.[16]

Notice of approval

A notice of approval must include:

• a statement of the works eligible for a grant

• the amount of expenses which, in the authority's opinion, are properly incurred by the eligible works

• any preliminary or ancillary services or charges (for example the cost of having plans drawn up)

• the amount of grant which will be paid

Notice of refusal

If an application for a disabled facilities grant is refused, the applicant is entitled to a written explanation from the local authority with the reasons why their application has been rejected.

Challenging decisions

An applicant for a disabled facilities grant can challenge the local authority's decision by:

• using the local authority's formal complaints mechanism

• contacting the local authority's monitoring officer or the Local Government Ombudsman in order to make a complaint

• bringing judicial review proceedings

In one case, a local authority refused a disabled facilities grant despite acknowledging that a platform lift was the only way a disabled tenant could access her maisonette. The High Court quashed the authority's decision that the tenant should move as the accommodation was also unsuitable for other reasons, rather than adapt the property. [17]

In another case, the High Court held that a local authority's policy to refuse all adaptations to be used as a backup was unlawful. The court quashed the authority's decision to refuse a backup stairlift for use when an existing through floor lift broke down. [18]

The local authority applies a means test in calculating the amount of grant that should be given to the applicant. The maximum amount in England is £30,000[19] and £36,000 in Wales.[20]

Where the cost of carrying out works to a suitable standard exceeds this maximum amount, the local authority has the power to add to it by providing a grant or a loan. It should not fetter its discretion by deciding not to provide top-up grants.[21]

The means test involves an assessment of the disabled person's resources, and that of their partner. The means test does not apply to a landlord's application, or to the parents of a disabled child or young person.

In applying the means test, the financial resources of the relevant person are calculated by establishing the average weekly income, which includes any capital income. Where the relevant person has a partner, the resources are assessed jointly.

The means test is applied to the relevant person, who is the disabled occupant or one of the disabled occupants of the dwelling, or the partner of the disabled occupant or one of the disabled occupants of the dwelling.[22]

A relevant person who receives the following benefits has their weekly income regarded as £1:

• income support

• income-based jobseeker's allowance

• income-related employment and support allowance (from 5 August 2009)[23]

• the guarantee credit part of pension credit, whether as a claimant, or the partner of the claimant

• housing benefit

• maternity allowance

A relevant person in receipt of working tax credit or child tax credit, whose annual income is calculated as being less than £15,050, also has their weekly income regarded as £1. The regulations set out certain other earnings,income and capital that are to be disregarded.[24]

The calculations used to ascertain the applicable amount which the applicant could themselves finance, and by which the grant is accordingly reduced,[25] are very similar to those applied to housing benefit.

If the income is less than the assessed needs, there is not usually any need to contribute to the cost of the works. If the income is more than the assessed needs, then a proportion of the income is used to calculate how much the applicant could contribute towards the cost of the works. If this assessed amount is less than the cost of the works, the difference between the two is paid as disabled facilities grant.

In relation to landlords, the local authority takes into account, for example, the extent to which the landlord will be able to charge a higher rent for the premises because of the works.[26] Local authorities may also seek the advice of rent officers.[27]

Once the local authority has approved an application for a grant, it may decide to pay the amount in full once the work is completed. Or it may make staggered payments, as the work progresses and the balance after completion of the work, as long as no more than nine-tenths of the grant is paid before completion.[28]

Who receives payment

Grants are generally paid directly to the contractor provided that the applicant was told before the grant was approved.[29]

If the applicant is not satisfied with the work that has been carried out, they can ask the local authority not to pay the contractor. In this case, the local authority may decide to pay the amount to the applicant. If the local authority does not agree with the applicant's complaint that the work has not been carried out to a satisfactory standard, they may decide to object to this formally (see above).

Deferring payment

The local authority may decide to postpone the payment of a disabled facilities grant, or part of it. However, where the work is complete, the delay cannot be for more than 12 months from the date on which the application was made.

The local authority must inform the applicant if it decides to delay payment.

Refusal to make payment after approval of grant

Once it has approved an application, the local authority may only refuse to pay the grant if one or more of the following circumstances applies:

• the applicant is no longer a person entitled to the grant, for example if they cease to occupy the relevant property, or they die

• the authority considers that the amount to be paid was determined on the basis of inaccurate or incomplete information and exceeds that to which the applicant was entitled

• the applicant does not complete the works satisfactorily within the time allowed

• the cost of the eligible works and costs incurred on preliminary or ancillary service is less than the estimated expense

• the authority finds out that without its knowledge the works were not carried out by one of the contractors who submitted an estimate[30]

• the works are not carried out to the satisfaction of the authority

• the applicant fails to provide an acceptable invoice, demand or receipt for payment for the works or for the preliminary or ancillary services and charges[31]

In circumstances where the grant has already been paid out, the local authority can take appropriate action to recover it. It may require the payment with interest.

The local authority may make it a condition of the grant that the works are carried out in accordance with their specifications. It may for example, specify the materials to be used.

All local authorities apply the mandatory conditions that the work is:

• finished within 12 months of approval, although the local authority may extend this time[32]

• carried out by one of the two contractors from whom estimates were submitted with the application, unless the authority directs otherwise[33]

Where a local housing authority approve an application for a grant they may, with the consent of the Secretary of State, impose other conditions as they think fit (such as a requirement to have appropriate insurance). They can require repayment of all or part of the grant, plus interest, if the conditions are breached.[34]

The Local Government and Social Care Ombudsman has ruled that in exercising their discretion in relation to their grant approval policies a local authority has to have regard to the human rights of the applicant.

A council should not automatically assume that its policy should be applied in all cases and should take into account the individual circumstances of the applicant(s).[35]

A person with a complaint about the disabled facilities grant can contact the Local Government and Social Care Ombudsman (LGSCO).

A disabled occupant whose condition is degenerative may need further adaptations to their home at a later date. The Housing Grants, Construction and Regeneration Act 1996 does not place any express restriction on successive applications for disabled facilities grants.

In these circumstances, depending on the time lapse between the successive applications, provision is made in the Housing Renewal Grants Regulations[36] to reduce the amount of an applicant's current contribution. The contribution will be reduced by any previously assessed contribution if the applicant went ahead with the previous adaptations.

From 18 July 2002, local authorities have a general power which enables them to give discretionary assistance, in any form (for example a grant or a loan), to cover the cost of adaptations or to help the disabled occupant to move to alternative living accommodation. There is no restriction on the amount of assistance that may be given and discretionary assistance may be paid in addition, or as an alternative to, a mandatory disabled facilities grant.

Assistance can be given for a wide range of purposes. A local authority may, for example, consider giving assistance:

• for minor adaptations intended to either satisfy needs which are not covered by disabled facilities grants or, where urgent adaptations are required, to provide a speedier remedy, which would not be obtained if the complicated procedures involved in the provision of disabled facilities grants were used

• to supplement a disabled facilities grant because the works are very expensive, or because the applicant cannot afford the contributions, or where works that are not eligible for a disabled facilities grant are required

• to assist the disabled person to move to a more suitable property where it is more cost effective than adapting the current home, even though the new property may need some adaptation