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The Legal Framework

Disabled Facilities Grants (DFGs) were introduced in 1990 but the principal legal provisions are now contained in the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) and Regulations made under it.

DFGs are mandatory grants and are available to disabled people when works to adapt their home are deemed necessary and appropriate to meet their needs and when it is reasonable and practicable to undertake such adaptations having regard to the age and condition of the dwelling or building.

In order for the Council to determine whether adaptations are necessary and appropriate, a recommendation is required from an Occupational Therapist (OT) from Social Services Authority. Generally the Council will accept OT recommendations, however in order to best use resources there may be a need to better identify and fully explore alternative solutions in some instances.

There are occasions whereby it is simply not reasonable and practicable to adapt a property. In cases where it is not possible to adapt a property to an appropriate standard or where the cost of the works is considered excessive, the Council may determine that works are not reasonable and practicable and may require other options to be considered.

It is important to note that the Council is sensitive to the aspirations of all applicants; however, these will not automatically form part of the considerations surrounding the determination of the most appropriate scope of works.

DFGs are subject to a means test (except in the case of children) giving due regard to the financial position of the applicant. This will determine the amount of any contribution they may be required to make towards the cost of the works and hence the amount of Grant available to them. Applicants in receipt of certain benefits are also exempted.

It is important to note that the means testing process is clearly defined by the Regulations and the Council does not have any discretion in applying it.

The current maximum Grant limit is £30,000 and all applications must be approved within 6 months of the full and complete application being submitted to the Council.

The grant can be recovered following the relevant disposal of the property within 10 years of payment provided that the Council is satisfied that it is reasonable to do so. Grants below £5,000 are excluded and the maximum amount that the Council can recover is £10,000.

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