Issue - meetings

DISABLED FACILITIES GRANTS - INTRODUCTION OF LEGAL CHARGES

Meeting: 09/11/2009 - Cabinet - for meetings after 09/05/11, please see 'City Mayor & Cabinet' (Item 96)

96 DISABLED FACILITIES GRANTS - INTRODUCTION OF LEGAL CHARGES pdf icon PDF 93 KB

Councillor Palmer submits a report that responds to a change in power that allows Councils to recover disabled facilities grants if the property is sold within 10 years of the grant being paid. The Council already has a policy to reclaim Home Improvement Grants. Cabinet is asked to approve the recommendations as set out in Paragraph 3 of the report.

 

A minute extract from the meeting of the Overview and Scrutiny Management Board held on 5 November 2009, will be circulated as soon as it is available.

Additional documents:

Minutes:

Councillor Westley submitted a report which gave details of a proposed response to a change in the power that allows Councils to recover disabled facilities grants if the property is sold within 10 years of the grant being paid.  It was stated that the disabled facilities grant budget was under considerable pressure and the recovery of some part of grant aid will enable the Council to assist additional disabled people.  The maximum charge would be £10,000 which must be above a £5,000 threshold.

 

Councillor Westley emphasised that each case would be considered on its own merits and there would an appeals policy with the right of appeal to the Leader of the Council and the Cabinet Lead for Housing.  It was noted that It was noted that the Overview and Scrutiny Management Board had considered the issue at its meeting on 5 November 2009 where issues relating to the impact of the changes had been raised.  Councillor Westley stated that he had undertaken to monitor the impact and report back to scrutiny and Cabinet if necessary.

 

Councillor Grant stated that Overview and Scrutiny Management Board had been concerned about the impact of the change on elderly people and on inheritance.  He asked that the matter be dealt with sensitively in view of these concerns.  In response Councillor Willmott acknowledged the concerns but stated that the key aim of the changes was to allow as many people as possible to stay in their own homes.

 

RESOLVED:

                        That:

1.      A local land charge is placed on all disabled facilities grants awarded to owner-occupiers where the amount paid towards works exceeds £5,000;

 

2.      When considering the individual circumstances and merits of each case the Council must be satisfied that it is reasonable in all the circumstances to require repayment. Particular note will be taken of the recipient of the grant’s ability to make repayment without suffering financial hardship.

 

3.      Authority be delegated to the Head of Renewal & Grants Service to determine the amount of grant to be repaid, with the right of written appeal to the Director, Housing Strategy & Options, in consultation with the Leader and Cabinet Lead for Housing.

 

4.      That the decision is based on that as currently used for considering the reclaim of Home Improvement Grants, namely that when considering whether to demand repayment, account be taken of the following:

i. the extent to which the recipient of the grant would suffer financial hardship if required to repay all or any of the grant;

ii. whether the disposal of the premises is to enable the recipient of the grant to take up employment, or to change the location of his employment;

iii whether the disposal is made for reasons connected with the physical or mental health or well being of the recipient of the grant or of a disabled occupant of the premises; and

iv whether the disposal is made to enable the recipient of the grant to live with, or near, any person who is disabled or infirm and  ...  view the full minutes text for item 96