Housing Grants, Construction and Regeneration Act 1996

135 Relocation grants: condition for repayment on disposal

(1) It is a condition of a relocation grant that, if an owner of the qualifying dwelling makes a relevant disposal (other than an exempt disposal) of the dwelling within the grant condition period, he shall repay to the local housing authority on demand the amount of the grant.

(2) A condition under this section is binding on any person who is for the time being an owner of the qualifying dwelling.

(3) Where the authority have the right to demand repayment of an amount as mentioned in subsection (1), they may—

(a) if the case falls within subsection (4), or

(b) in any other case, with the consent of the Secretary of State,

determine not to demand payment or to demand a lesser amount.

(4) The cases referred to in subsection (3)(a) are where the authority are satisfied that the owner of the dwelling—

(a) is elderly or infirm and is making the disposal with the intention—

(i) of going to live in a hospital, hospice, sheltered housing, residential care home or similar institution as his only or main residence, or

(ii) of moving to somewhere where care will be provided by any person; or

(b) is making the disposal with the intention of going to live with and care for an elderly or infirm member of his family or his partner’s family.

(5) The consent of the Secretary of State for the purposes of subsection (3)(b) may be given either generally or in relation to any one or more specified authorities or descriptions of authority or in relation to particular cases or descriptions of case.

(6) A condition under this section shall cease to be in force with respect to a dwelling if there is a relevant disposal of the dwelling that is an exempt disposal, other than—

(a) a disposal within section 54(1)(a) (disposal to associates of person making disposal), or

(b) a disposal within section 54(1)(b) (vesting under will or on intestacy) to a person who resided with the deceased in the dwelling as his only or main residence throughout the period of twelve months ending with the date of the deceased’s death.

(7) Any disposal which—

(a) by virtue of section 53 (meaning of relevant disposal), is a relevant disposal; or

(b) by virtue of section 54 (meaning of exempt disposal), is an exempt disposal,

for the purposes of the provisions of Part I of this Act (relating to grant conditions) is also such a disposal for the purposes of this section.