Housing Grants, Construction and Regeneration Act 1996

43 Repayment where applicant not entitled to grant. E+W

(1) This section applies where an application for a grant is approved but it subsequently appears to the local housing authority that the applicant (or, in the case of a joint application, any of the applicants) was not, at the time the application was approved, entitled to a grant F1 . . . .

(2) Where this section applies—

[F2 (a) no grant shall be paid or, as the case may be, no further instalments shall be paid, and

(b)] the authority may demand that any 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.

(3) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this section an applicant is not entitled to a F4 . . . grant—

(a) in the case of an owner’s application—

(i) if he does not have a qualifying owner’s interest, or

(ii) if he does not have the intention specified in the owner’s certificate which accompanied the application; or

(b) in the case of a tenant’s application—

(i) if he is not a qualifying tenant of the dwelling, or

(ii) if the application was accompanied by an owner’s certificate and the landlord does not have the intention specified in the certificate;[F5 or

(c) in the case of an occupier’s application, if he does not have the intention specified in the occupier’s certificate which accompanied the application.]

(5) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 43(1) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 18(a), Sch. 6 (with art. 11(2))

F2 Words in s. 43(2) substituted (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. 18(b) (with art. 11(2))

F3 S. 43(3) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 18(c), Sch. 6 (with art. 11(2))

F4 Words in s. 43(4) repealed (19.7.2003) by The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860), arts. 1(3), 11(1), 15, Sch. 3 para. 18(d)(i), Sch. 6 (with art. 11(2))

F5 S. 43(4)(c) and preceding word 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. 18(d)(ii) (with art. 11(2))

F6 S. 43(5)(6) 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. 18(e), Sch. 6 (with art. 11(2))