Housing Grants, Construction and Regeneration Act 1996

19 Disabled facilities grants: owner’s and tenant’s applications

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

(a) that the applicant has, or proposes to acquire, an owner’s interest in every parcel of land on which the relevant works are to be carried out, or

(b) that the applicant is a tenant (alone or jointly with others)—

(i) in the case of an application in respect of works to a dwelling, of the dwelling, or

(ii) in the case of a common parts application, of a flat in the building,

and, in either case, does not have or propose to acquire such an owner’s interest as is mentioned in paragraph (a).

(2) References in this Chapter to an “owner’s application” or a “tenant’s application”, in relation to a disabled facilities grant, shall be construed accordingly.

(3) In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) as met by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.

(4) In this Chapter, in relation to an application for a disabled facilities grant—

• “qualifying owner’s interest” means an owner’s interest meeting the condition in subsection (1)(a) or treated by virtue of subsection (3) as meeting that condition; and

• “qualifying tenant” means a tenant who meets the conditions in subsection (1)(b).

(5) In this Chapter“tenant”, in relation to a disabled facilities grant, includes—

(a) a secure tenant, introductory tenant or statutory tenant,

(b) a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the [1988 c. 50.] Housing Act 1988,

(c) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and

(d) a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Secretary of State;

and other expressions relating to tenancies, in the context of an application for disabled facilities grant, shall be construed accordingly.