Purpose

The
purpose of this decision is to consider the waiver of a local land
charge totalling £3,057.29 which was
registered against a property relating to the award of a Disabled
Facilities Grant.
 
In
considering such requests, the Council must take into consideration
the following criteria (as set out in the Housing
Grants, Construction and Regeneration Act 1996) before it
can demand repayment:
 
     
I.        
the extent to which the recipient of the grant would
suffer financial hardship were he to be 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 in need of care, which the recipient of the grant is
intending to provide, or who is intending to provide care of which
the recipient of the grant is in need by reason of disability or
infirmity
 

is satisfied that it is reasonable in all the
circumstances to require the repayment.
 
The
Lead Member for Housing and the Head of Housing have considered the
applicant’s personal circumstances when reviewing the request
to waive the local land charge, to support their move to more
suitable accommodation.

Content

To
approve the request to waiver the local land charge of
£3,057.29

Reasons for the decision

Under
criteria iii) set out in the legislation it is considered that it
is reasonable to waiver the local land charge in this instance to
support the applicant to move to a more suitable
property.

Alternative options considered

Option 1: To refuse the request to
waiver the charge upon sale of the property.
 
Reasons for Rejection: The Council is
required to provide reasonable and lawful grounds for refusal, as
failure to do so may result in legal challenge. In this instance,
it is acknowledged that the family has presented a valid and
justifiable reason for relocation, specifically to support the
health and wellbeing of a disabled household member.