Housing Grants, Construction and Regeneration Act 1996

41 Change of circumstances affecting disabled occupant. E+W

(1) This section applies where an application for a F1 . . . grant has been approved and before the certified date—

(a) the works cease to be necessary or appropriate to meet the needs of the disabled occupant, or

(b) the disabled occupant ceases to occupy the dwelling [F2 , qualifying houseboat, [F3 caravan]] or flat concerned or it ceases to be the intention that he should occupy it, or

(c) the disabled occupant dies.

Where the application related to more than one disabled occupant, this section applies if any of paragraphs (a) to (c) applies in relation to any of them.

(2) This section applies whether or not the disabled occupant (or any of them) is the applicant (or one of them).

(3) Where this section applies the local housing authority may take such action as appears to them appropriate and may decide—

(a) that no grant shall be paid or, as the case may be, no further instalments shall be paid,

(b) that the relevant works or some of them should be completed and the grant or an appropriate proportion of it paid, or

(c) that the application should be redetermined in the light of the new circumstances.

(4) In making their decision the authority shall have regard to all the circumstances of the case.

(5) If the authority decide that no grant shall be paid or that no further instalments shall be paid, they may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment, at such reasonable rate as the authority may determine.

Textual Amendments

F1 Words in s. 41(1) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 17(a), Sch. 6 (with art. 11(2))

F2 Words in s. 41(1)(b) inserted (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), Sch. 3 para. 17(b) (with art. 11(2))

F3 Word in s. 41(1)(b) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(5)(d), 270(3)(a) (with s. 224(9))