Local Government and Housing Act 1989

114 Approval of applications to provide certain facilities for the disabled. E+W

(1) A local housing authority shall not approve an application for a disabled facilities grant unless they are satisfied—

(a) that the relevant works are necessary and appropriate to meet the needs of the disabled occupant; and

(b) that it is reasonable and practicable to carry out the relevant works, having regard to the age and condition of the dwelling or building;

and, in considering the matters specified in paragraph (a) above, the local housing authority shall consult the welfare authority.

(2) A local housing authority shall not approve an application for a disabled facilities grant in respect of works to the common parts of a building containing one or more flats unless they are satisfied that the applicant hasa power or is under a duty to carry out the relevant works.

(3) Subject to the preceding provisions of this Part, a local housing authority shall approve an application for a disabled facilities grant if the relevant works are for any one or more of the following purposes—

(a) facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, flat is situated;

(b) facilitating access by the disabled occupant to a room used or usable as the principal family room;

(c) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;

(d) facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, bath, shower or washhand basin or facilitating the use by the disabled occupant of such a facility;

(e) facilitating the preparation and cooking of food by the disabled occupant;

(f) improving any heating system in the dwelling to meet the needs of the disabled occupant or, if there is no existing heating system in the dwelling or any such system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet his needs;

(g) facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control; and

(h) facilitating access and movement by the disabled occupant around the dwelling in order to enable him to care for a person who is normally resident in the dwelling and is in need of such care.

(4) Subject to the preceding provisions of this Part, a local housing authority may approve an application for a disabled facilities grant where the relevant works do not fall within subsection (3) above but are for the purpose of making the dwelling or building suitable for the accommodation, welfare or employment of the disabled occupant.

(5) In this section “the disabled occupant” means the disabled person for whose benefit it is proposed to carry out any of the relevant works.

(6) In this Part “disabled person” means—

(a) a person who is registered in pursuance of arrangements made under section 29(1) of the M1 National Assistance Act 1948 (handicapped persons’ welfare); F1 . . .

(b) any other person for whose welfare arrangements have been made under that provision or, in the opinion of the welfare authority, might be made under it. [F1 or

(c) a person to whom section 17(11) of the Children Act 1989 (disabled children) applies.]

(7) For the purposes of this section, “welfare authority” means the council which is the local authority for the purposes of the M2 Local Authority Social Services Act 1970 for the area in which the dwelling is situated.

Textual Amendments

F1 Word in s. 114(6)(a) omitted by and s. 114(6)(c) inserted (14.10.1991) by S.I. 1991/1881, art.4

Marginal Citations

M1 1948 c. 29.

M2 1970 c. 42.