Circumstances in which less favourable treatment is justified: deposits
5.—(1) Where, for a reason which relates to the disabled person’s disability, an association treats a disabled person less favourably than it treats or would treat others to whom that reason does not or would not apply, that treatment shall be taken to be justified for the purposes of section 21G(1) of the 1995 Act in the circumstances specified in paragraph (2).
(2) The circumstances referred to in paragraph (1) are that—
(a)when benefits or services (in either case in the form of goods) or facilities are provided, the disabled person is required to provide a deposit which is refundable if such goods or facilities are undamaged; and
(b)the association refuses to refund some or all of the deposit because damage has occurred to such goods or facilities for a reason which relates to the disabled person’s disability, and the damage is above the level at which the association would normally refund some or all of the deposit; and
(c)it is reasonable in all the circumstances for the association to refuse to refund some or all of the deposit.