Regulatory Reform (Housing Assistance) (England and Wales) Order 2002

Background

Housing Renewal Financial Assistance Policy

The Housing Renewal Financial Assistance Policy sets out the financial assistance tools for providing housing renewal assistance. This is a requirement under the Regulatory Reform (Housing Assistance) England and Wales Order 2002

Resources

Financial assistance measures are subject to available limited resources, apart from Mandatory Disabled Facilities Grants, financial assistance measures are DISCRETIONARY.

The mandatory disabled facilities grant is subject to a test of resources set by the Government.

New measures – the need to offer flexible assistance (Better Care Fund)

Rother District Council may develop alternative options to the stated assistance available within this policy.

The Corporate Management Team in consultation with the portfolio holder with responsibility for housing has discretion under this policy to introduce and develop assistance that enables existing and new sources of funding to be targeted at eligible clients. This includes setting bespoke conditions and eligibility criteria.

The key aim of this section is the need to respond quickly to proposals, schemes and funding offered from time to time by other agencies and partner organisations.

From time-to-time resources may be targeted at specific areas and therefore some assistance measures will be unavailable.  Up to date information will be provided on the Council`s website or will be available from the Private Sector Housing Team.

Mandatory Disabled Facilities Grant

The Mandatory Disabled Facilities Grant (DFG) remains a mandatory grant as prescribed by the Housing Grants Construction and Regeneration Act 1996 as amended by the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002. Applications for this grant will be determined in accordance with current legislation, guidance, and good practice guides (In particular the Disabled Facilities Grant (DFG) delivery guidance for Local Authorities in England (March 2022)).

The following is a summary of the main criteria the Council will consider when allocating a mandatory grant. The detailed conditions of the Mandatory Disabled Facilities Grant can be found at Appendix A.

The adaptations to the property must be considered necessary and appropriate for one or more of the following purposes:

Facilitating access to and from the dwelling or building by the disabled occupant.

Making the dwelling or building safe for the disabled occupant.

Access to the principal family room by the disabled occupant.

Access to or providing a bedroom for the disabled occupant.

Access to or providing a room containing a bath or shower for the disabled occupant or facilitating the use by the disabled occupant of such a facility.

Access to or providing a room containing a toilet for the disabled occupant or facilitating the use by the disabled occupant of such a facility.

Access to or providing a room containing a wash hand basin for the disabled occupant or facilitating the use by the disabled occupant of such a facility.

Facilitating the preparation and cooking of food by the disabled person.

Improving or providing a heating system for the disabled person

Facilitating the use of power, light, or heat by the disabled person by altering same or by providing additional means of control.

Facilitating access and movement around the dwelling to enable the disabled person to provide care for someone

Maximum

The maximum level of grant available per application is set by statute at £30,000 at present. The amount of grant will include all relevant works, reasonable fees, and VAT. Where the cost of the work is less than the maximum grant limit the grant will be the cost of the works less the assessed contribution. Where the cost of the work exceeds maximum grant limit, the grant will be the maximum grant limit less the assessed contribution.

Eligibility

Applicants for a Mandatory DFG must be either the owner or a tenant of the property to be adapted and the disabled person must be registered or registerable with the welfare authority.

The disabled person and any partner are means tested to determine the amount of their contribution towards the cost of the works. If the disabled person is a child, the parents are no longer means tested.

An Owner-Occupation Certificate or Certificate of Intended Letting is required as evidence of occupation.

The Council will operate a priority scoring system to help manage demand for assistance, when necessary.

Property Charges

The Local Authority may place limited charges on adapted properties of owner occupiers, where the cost of the DFG exceeds £5,000, limited to a maximum charge of £10,000. The charge will be incurred if the property is sold within ten years.

Mandatory Disabled Facilities Grant – top-up assistance

A discretionary payment to provide top-up assistance to a Mandatory Disabled Facilities Grant where the council has taken the view that the amount of assistance available under mandatory DFG is insufficient to meet the needs of the disabled person and their family.

There is a £40,000 limit on top-up assistance.

The eligibility criteria for top-up assistance are the same as the Mandatory Disabled Facilities Grant.

Discretionary Disabled Facilities Assistance (DDFA)

Discretionary Disabled Facilities Assistance (DDFA) will be considered necessary and appropriate when the adaptations will make the dwelling suitable for the accommodation, welfare, or employment of the disabled person with relation to the Better Care Fund.

There is a £40,000 limit on the amount of grant that can be awarded per application. Where the cost of the work is less than the maximum limit of £30,000 the assistance will be the cost of the works less the assessed contribution.

Disabled Persons Relocation Assistance (DPRA)

In situations where major adaptations to a property under a Mandatory Disabled Facilities Grant are not considered cost effective and where the Applicant would consider relocating to a previously adapted or more adaptable property: a Disabled Persons Relocation Assistance (DPRA) may be appropriate.

The maximum DPRA grant that will be awarded is £10,000 and is intended to contribute to the cost moving accommodation, for example, estate agent fees, legal costs, surveyor fees, removal costs.

Eligible applicants for a DPRA grant must be the owners of the property, which is not cost effective to adapt, and the disabled person must be registered or registerable with the welfare authority.  For each case, a cost benefit analysis will be undertaken considering the potential cost of adapting the existing property and of adapting any future property in relation to the amount of DPRA provided. It is unlikely that any relocation assistance will be payable if the eligible Disabled Facilities Grant to adapt the new property exceeds £20,000.

Further, eligibility will depend on the Applicant meeting the criteria for a Mandatory Disabled Facilities Grant. Priority shall be given to persons who are over sixty and are in receipt of a benefit that would enable them to be eligible for home maintenance assistance.

Conditions: 10-year repayment period if paid by grant, if property sold or otherwise disposed of or parted possession with, registered as a land charge. Separate repayment conditions if assistance is paid by means of loan/equity release registered as a land charge.

Discretionary Exceptional Circumstances Assistance

In exceptional circumstances the Authority may consider funding for specific individualised solutions where the authority is satisfied that this will provide a similar or more effective, and/or more cost-effective way of meeting the needs of the disabled person than adapting their existing home.

Examples of discretionary assistance considered (See Appendix A)

Hospital discharge assistance

Dementia assistance

Property deep clean assistance

Feasibility assistance

Fast Track stair lifts

Disabled Minor Works assistance.

Safety prevention adaptations

Innovation assistance

Who can help with the DFG process?

Rother District Council has access to Adaptations Support Services which can provide advice, support, and assistance to elderly, disabled and vulnerable applicants. They can function as an agent throughout the grant process including:

Visit the property to assess the suitability of the proposed scheme.

Provide advice and assistance in completing the grant application forms.

Prepare any required drawings and specifications of works.

Engage and manage approved contractors to tender for works required.

Supervise the works on site, ensuring that they meet suitable standards.

Liaise on your behalf with all external agencies involved in adapting your home including planning and building control.

Keep you informed on the progress of your application.

Ensure that you are satisfied with the adaptation.

The Support Service will charge an agreed percentage fee on top of the priced works. Any fees are included as part of the overall Grant costs.

Grant conditions

A brief summary of the grant conditions can be found in Appendix B. Full grant conditions are as set out in the primary legislation for Disabled Facilities Grants, the Housing Grants, Construction and Regulation Act 1996 and linked legislation, regulations, directions and consents. A summary and explanation of which can be found within the Disabled Facilities Grant (DFG) delivery guidance for Local Authorities in England (March 2022).

Information relating to all types of financial assistance.

Fees and VAT

In addition to the actual costs of carrying out any works other reasonable charges necessarily incurred in the undertaking of the works are also eligible to be included as part of any assistance.  These may include:

Architects or surveyors’ fees.

Charges for planning permission or building regulation approval.

Charges by any agency services for advising on or assisting with the client`s application.

The Authority will need to determine which fees are eligible for assistance in the same way it assesses the eligible works. In doing so it will consider the reasonableness of the fees and whether they are properly incurred. The fees will be included up to the maximum amount of assistance available.

Request where repayment may not be demanded.

The Council may in exceptional circumstances (subject to Cabinet approval) demand a lesser sum. Applications with detailed reasons why repayment should not be demanded must be made in writing.

Application Process

The Council will operate a preliminary enquiry system for dealing with applications for housing assistance. This will take the form of an initial enquiry form sent to the potential applicant in addition to the appropriate information. The enquiry form is not a formal application for assistance and is purely a request for service.

Upon receipt of the initial enquiry form the Council will assess the Applicant`s eligibility for housing assistance and advise them, accordingly, including any contribution towards the cost of the works the client may need to make.

Applicants must be over 18 years old.

Applications will be accompanied by at least two competitive estimates.

The Council will determine which works are eligible.

Applications where there is more than one owner

All owners will be required to sign the application form and relevant forms related to conditions, e.g. future occupation, local land charges, land registry charges, etc. Means/income testing will be applied to all owners.

Applications outside the Policy

In exceptional circumstances consideration may be given to applications that fall outside the provision of this policy. These applications will be reviewed on a case-by-case basis and a decision will be made by The Head of Environmental Health.

Appendix A

Examples of discretionary assistance considered

Hospital discharge assistance

Purpose: To support people with disabilities or vulnerabilities being discharged from hospital.

Eligibility: Any owner occupier, private tenant or housing association tenant being discharged from hospital to home following a referral from an OT or relevant health professional.

Examples: Decluttering, deep cleaning, clearing properties, urgent home repairs, hazard removal, heating systems, general emergency repairs.

Dementia assistance 

Purpose:  Make homes Dementia friendly. To help people with Dementia to continue living in their homes for longer.

Eligibility: Anyone with a formal diagnosis of Dementia.

Examples: OT equipment recommended, installing colour contrast tiles, handrails, and flooring, improving visual perception, safety measures around the home, improving lighting and visibility around the home, improving access into the property, signage around the home.

Property deep clean assistance

Purpose: To improve the general day to day living standards of a home with severe cleansing issues.

Eligibility; Anyone with physical or mental incapacity to undertake a deep clean to their home.

Examples: All areas of the internal property that are deemed to need a deep clean for the persons health and safety to improve.

Feasibility assistance

Purpose: To investigate a proposed DFG scheme before approval stage.

Eligibility: Homeowner, private tenant, or housing association tenant.

Examples: Surveyor, structural engineer, or stair lift professional to conduct pre- grant approval surveys. This will reduce timescales and confirm suitability of the property.

Fast track stair lifts

Purpose: To rapidly install a stairlift to reduce a health and safety risk without the need for a test of resources.

Eligibility: Homeowners, private tenants, and housing association tenants.

Examples: Terminal health conditions, single occupants, disabled children, high risk living conditions.

Disabled Minor works assistance

Purpose: To provide assistance to applicants to undertake repairs to existing disable adaptations.

Eligibility: Any applicants in receipt of a means tested benefit (see 3.6)

Scope of works: To repair and maintain existing disabled adaptations within the applicant’s home.

Safety prevention adaptations and innovation assistance

Purpose: To assist and deliver minor adaptations, basic safety improvements and innovative projects to improve the lives of disabled residents. Also to prevent acute care admissions and support the prevention agenda.

Eligibility: Any applicants in receipt of a means tested benefit (see 3.6).

Scope of works: these will be recommended by an Occupational Therapist assisting the resident.

Please note: All discretionary financial assistance measures are subject to available funding.

Appendix B

Summary of Grant Conditions

Please note that this Appendix should be read with consideration to the primary legislation, Disabled Facilities Grants, the Housing Grants, Construction and Regulation Act 1996 and linked legislation, regulations, directions and consents. A summary and explanation of which can be found within the Disabled Facilities Grant (DFG) delivery guidance for Local Authorities in England (March 2022).

General Conditions

Mandatory Grant

Applications for assistance shall be made on the appropriate Council application form and be accompanied by all supporting documents as required.

The council will not approve any application for assistance if the relevant works have started before the application is approved.

The payment of any assistance is conditional upon any eligible works being carried out to the satisfaction of the council and upon receipt by the council of an acceptable invoice for the works carried out and any ancillary charges or services. All payments will be made direct to the contractor or other agency or other relevant person as per Council approved process.

Any ongoing legal claim or action relating to the person or property should be concluded prior to any grant approval. However, grant applications will be assessed on a case-by-case basis, should a situation unduly disadvantage an applicant.

Discretionary Grant

Applications for assistance shall be made on the appropriate Council application form and be accompanied by all supporting documents as required.

In applying for assistance, the Applicant(s) are to allow the Council to undertake any steps and enquiries (including external organisations) as they see fit to verify the application, including financial.

Any eligible works are to be carried out in accordance with any specification the Council decides to impose.

For both Mandatory and Discretionary Grants:

Approval Conditions

The Council will not approve, except in specific exceptional circumstances,* any application for assistance if the relevant works have started before the application is approved.

*If following assessment and agreement it is deemed not possible to adapt a property, making relocation essential for the client.

The grant will usually be approved when confirmation of ownership of the `new` property has been received by the Council.  A request for payment can be submitted immediately because most of the costs incurred in moving will have already been incurred.

The Council may require the completion of certificates such as, a certificate of owner-occupation; a certificate of ownership; a tenant’s certificate; or a certificate or statement of consent for works from the property owner. There may also be the need to acknowledge that parties have been informed that, ‘all information provided by the applicant will be checked thoroughly and could be shared with other organisations handling public funds to prevent and detect fraud’; and that ‘knowingly providing false information or withholding information could lead to prosecution for fraud’.

It is a condition that the applicant or grant recipient notify the council of any breaches they become aware of in relation to the above and to give the council any information reasonably requested of them by the Council in that connection. The Council may at any time serve notice upon applicants requiring them to provide within 21 days a written statement showing how the conditions are being met.

The Local Authority may place limited charges on adapted properties of owner occupiers where the cost of the DFG exceeds £5,000, limited to a maximum charge of £10,000. The charge will be incurred if the property is sold within 10 years.

Unless otherwise directed by the Council all eligible works must be carried out by a contractor whose estimate accompanied the application.

All work and materials should be completed in accordance with good building practice and with reference to Building and Planning Regulation.

Where appropriate works undertaken must be insured, the contractor should provide a recognised warranty for any works.

It is a condition of any assistance that the eligible works are commenced within six months of the date of the approval. The works should then be completed within a further six months of commencement. These timescales can be extended by the Council in reasonable circumstances upon a written request from the Applicant.

The Council may increase (subject to the maximum limit) the estimated amount of assistance if they are satisfied that, owing to circumstances beyond the control of the Applicant, the eligible works cannot be, or could not have been, carried out on the basis of the amount of the expenses originally approved (e.g. when a contractor becomes VAT registered prior to the commencement of any works).  The Council may also increase the estimated amount of assistance in the event that the eligible works cannot be or could not have been completed without carrying out additional unforeseen works.

Joint signatures are required on the application for properties in joint ownership.

The Council does not undertake or accept responsibility for supervision and the standard of the work. The Applicant or appointed agent is responsible for ensuring that the works subject to the assistance are carried out and to the required standard.

The Applicant is responsible for ensuring that any necessary Building Regulation/Planning Permission/Listed Building consents are obtained prior to work commencing.

Payment Conditions

Payment will be made direct to the contractor/agent on behalf of the Applicant unless the Applicant instructs the Council otherwise in writing.

The payment of any assistance is conditional upon any eligible works being carried out to the satisfaction of the Council and upon receipt by the Council of an acceptable invoice for the works carried out and any ancillary charges or services. All payments will be made direct to the contractor or other agency involved in the provision of any assistance.

DFG relocation costs will not be made prior to the move, and applicants must be aware that they may have to fund costs before receiving an assistance payment.

It is a condition of assistance that the eligible works are carried out within twelve months from the date of approval of the application. This period may, however, be extended by the Council if they think fit, particularly where they are satisfied that the eligible works cannot be, or could not have been, carried out without carrying out other works which could not have been reasonably foreseen when the application was made.

In the event that the eligible works have been carried out by a member of the Applicant`s family the Council may consider payment towards only the materials used in carrying out the works.

Post Completion Conditions:

In the event of a breach of any of the conditions or fraudulent application the Council may demand repayment from the Applicant of a sum equal to the amount of the assistance paid or any instalment of the assistance paid.

The Applicant shall from the certified date of completion throughout the assistance condition period notify the Council of their intention to sell or otherwise dispose of or part possession with the dwelling. Pursuant to this condition the Applicant shall furnish the Council with any information reasonably requested by them in connection with such notification.

It is the applicant’s responsibility that appropriate insurances should be held and maintained and details provided at the Councils request.

Development of the Policy

This Policy will be subject to periodic reviews. Any amendments will only be necessary in the case of significant change to policy items. The Head of Environmental Health with the relevant Lead Member will make changes to the policy without the need for formal ratification, where such changes make no significant change to service provision. Any amendments that produce major changes to service provision, those amendments will require approval of the Cabinet before the Policy is changed.

Enquires about Assistance

Enquires about any of the forms of assistance in the policy, and information about how to apply, should be made to Rother District Council, Private Sector Housing Team, Town Hall, Bexhill on Sea, East Sussex, TN39 3JX.

Tel: 01424 787674

Email :  DFGrants@rother.gov.uk

Appeals about Decisions

Appeals about how the policy is operated in individual cases, for example where assistance is refused, will be considered by the Head of Service or Deputy Head of Service.