Purpose

The
purpose of this decision is to determine whether to waive a
£10,000 property charge arising from a Disabled Facilities
Grant, following the disposal of the property.
 
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 taken the
family’s personal circumstances into account when reviewing
the request to waive the property charge, with the aim of
supporting their move to more suitable accommodation and
alleviating financial hardship

Content

To
approve the request to waiver the property charge of
£10,000.

Reasons for the decision

Applicable criteria:
 
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;
 
iii) 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 to enable the family to move to more suitable
accommodation and alleviate financial hardship.
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 valid and
justifiable reasons for relocation, specifically to support the
health and wellbeing of a disabled household member.