Housing Act 1985

PART XV GRANTS FOR WORKS OF IMPROVEMENT, REPAIR AND CONVERSION

Main forms of grant assistance

460 General description of the main grants.

(1) The following grants are payable by local housing authorities in accordance with the following provisions of this Part—

• improvement grants (sections 467 to 473),

• intermediate grants (sections 474 to 482),

• special grants (sections 483 to 490), and

• repairs grants (sections 491 to 498);

and references in this Part to grants, without more, are to those grants.

(2) The grants are payable towards the cost of works required for—

(a) the provision of dwellings by the conversion of houses or other buildings,

(b) the improvement of dwellings,

(c) the repair of dwellings, and

(d) the improvement of houses in multiple occupation.

(3) The grants are not payable where the provision, improvement or repair is by—

• a local authority,

• a new town corporation, or

• the Development Board for Rural Wales.

461 Grant applications.

(1) A grant shall be paid by a local housing authority only if an application for it is made to the authority in accordance with the provisions of this Part and is approved by them.

(2) The application shall specify the premises to which the application relates and contain—

(a) particulars of the works in respect of which the grant is sought (referred to in this part as “the relevant works”) and an estimate of their cost, and

(b) such other particulars as may be specified by the Secretary of State.

(3) A local housing authority may not entertain an application for a grant if—

(a) the relevant works are or include works which were the relevant works in relation to an application previously approved under the Part, and

(b) the applicant is, or is the personal representative of, the person who made the earlier application,

except in the circumstances specified in subsection (4).

(4) Such an application may be entertained if the relevant works have not been begun and either—

(a) more than two years have elapsed since the date on which the previous application was approved, or

(b) the application is made with a view to taking advantage of an order under section 509 (orders varying appropriate percentage for purposes of determining amount of grant).

462 Preliminary condition: the age of the property.

(1) A local housing authority shall not entertain an application for—

(a) an improvement grant in respect of works required for the provision of a dwelling by the conversion of a house or other building which was erected after 2nd October 1961, or

(b) any grant for the improvement or repair of a dwelling which was provided after 2nd October 1961.

unless they consider it appropriate to do so.

(2) The authority’s discretion to entertain such applications is subject to such general or special directions as may be given by the Secretary of State.

463 Preliminary condition: the interest of the applicant in the property.

(1) A local housing authority may entertain an application for a grant only if they are satisfied that—

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

(b) the applicant is a tenant of the dwelling;

and references in this part to an “owner’s application” or a “tenant’s application” shall be construed accordingly.

(2) In subsection (1)(a) an “owner’s interest” means an interest which is either—

(a) an estate in fee simple absolute in possession, or

(b) a term of years absolute of which not less than five years remain unexpired at the date of the application;

and where an authority entertain an owner’s application by a person who proposes to acquire the necessary interest, they shall not approve the application until they are satisfied that he has done so.

(3) In subsection (1)(b) a “tenant” means a person who has in relation to the dwelling—

(a) a protected tenancy, protected occupancy or statutory tenancy,

(b) a secure tenancy,

(c) a tenancy to which section 1 of the [1954 c. 56.] Landlord and Tenant Act 1954 applies (long tenancies at low rents) and of which less than five years remain unexpired at the date of the application, or

(d) a tenancy which satisfies such conditions as may be prescribed by order of the Secretary of State.

(4) An authority shall not entertain a tenant’s application for an improvement grant in respect of works required for the provision of a dwelling.

(5) An order under this section—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) This section has effect subject to—

• sections 486 and 494 (works required by statutory notice), and

• section 513 (parsonages, applications by charities, etc.).

464 Preliminary condition: certificate as to future occupation.

(1) A local housing authority shall not entertain an owner’s application, other than an application for a special grant, unless it is accompanied by—

(a) a certificate of owner-occupation, or

(b) a certificate of availability for letting,

in respect of the dwelling, or each of the dwellings for the provision, improvement or repair of which the application is made.

(2) A local housing authority may refuse to entertain a tenant’s application unless it is accompanied by a certificate of availability for letting given by a person from whom the authority could have approved an owner’s application.

(3) A “certificate of owner-occupation” is (except where it is given by personal representatives or trustees) a certificate stating that the applicant intends that, on or before the first anniversary of the certified date and throughout the period of four years beginning on that first anniversary, the dwelling will be the only or main residence of, and will be occupied exclusively by, either—

(a) the applicant himself and members of his household (if any), or

(b) a person who is a member of the applicant’s family, or a grandparent or grandchild of the applicant or his spouse, and members of that person’s household (if any).

(4) Where the application for grant is made by the personal representatives of a deceased person or by trustees, a “certificate of owner-occupation” is a certificate stating that the applicants are personal representatives or trustees and intend that, on or before the first anniversary of the certified date and throughout the period of four years beginning with that first anniversary, the dwelling will be the only or main residence of, and exclusively occupied by, either—

(a) a beneficiary and members of his household (if any), or

(b) a person related to a beneficiary by being a member of his family or a grandparent or grandchild of the beneficiary or his spouse, and members of that person’s household (if any);

and in this subsection “beneficiary” means a person who, under the will or intestacy, or, as the case may require, under the terms of the trust, is beneficially entitled to an interest in the dwelling or the proceeds of sale of it.

(5) A “certificate of availability for letting” is a certificate stating that the person giving the certificate intends that, throughout the period of five years beginning with the certified date—

(a) the dwelling will be let or available for letting as a residence, and not for a holiday, to a person other than a member of the family of the person giving the certificate, or

(b) the dwelling will be occupied or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant.

(disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976).

465 Restriction on grants for works already begun.

(1) A local housing authority may not approve an application for a grant if the relevant works have been begun unless they are satisfied that there were good reasons for beginning the works before the application was approved.

(2) Subsection (1) has effect subject to sections 486 and 494 (works required by statutory notice).

466 Grants requiring consent of Secretary of State.

(1) The Secretary of State may direct that applications for an improvement grant or intermediate grant of a specified description shall not be approved without his consent.

(2) Such directions may be given to local housing authorities generally or to a particular local housing authority.

(3) The Secretary of State’s consent may be given generally or with respect to a particular authority or particular description of application.

Improvement grants

467 Works for which improvement grants may be given.

(1) The works for which an improvement grant may be given are—

(a) works required for the provision of a dwelling by the conversion of a house or other building, or

(b) works required for the improvement of a dwelling,

other than works falling entirely within section 474 (works for which intermediate grant may be given).

(2) The references in subsection (1) to works required for the provision or improvement of a dwelling include any works of repair or replacement needed, in the opinion of the local housing authority, for the purpose of enabling the dwelling concerned to attain the required standard referred to in section 468.

468 Required standard to be attained.

(1) A local housing authority shall not approve an application for an improvement grant unless they are satisfied that, on completion of the relevant works, the dwelling or, as the case may be, each of the dwellings to which the application relates will attain the required standard.

(2) A dwelling attains the required standard if—

(a) it is provided with all the standard amenities for the exclusive use of its occupants,

(b) it is in reasonable repair,

(c) it conforms with such requirements with respect to construction and physical conditions and the provision of services and amenities as may for the time being be specified by the Secretary of State for the purposes of this section, and

(d) it is likely to provide satisfactory housing accommodation for a period of 30 years.

(3) If it appears to the authority that it is not practicable at reasonable expense for a dwelling—

(a) to be provided with all the standard amenities, or

(b) to be put into a state of reasonable repair, or

(c) to conform in every respect with the requirements referred to subsection (2)(c),

the authority may, for that dwelling, reduce the required standard by dispensing with the condition in question to such extent as will enable them, if they think fit, to approve the application.

(4) The authority may also, to the extent that they think fit, dispense with any of the conditions specified in subsection (2)(a) to (c) if they are satisfied that the applicant could not, without undue hardship, finance the cost of the works without the assistance of a grant.

(5) The authority may, if it appears to them reasonable to do so in any case, reduce the required standard by substituting for the period specified in subsection (2)(d) such shorter period of not less than 10 years as appears to them to be appropriate in the circumstances.

469 Rateable value limit for owner-occupied dwellings.

(1) This section applies where an application for an improvement grant in respect of works required for—

(a) the improvement of a dwelling or dwellings, or

(b) the provision of a dwelling or dwellings by the conversion of premises which consist of a house or two or more houses,

is accompanied by a certificate of owner-occupation relating to that dwelling or, as the case may be, one of those dwellings.

(2) In a case within subsection (1)(a) the local housing authority shall not approve the application if, on the date of the application, the rateable value of the dwelling to which the certificate relates is in excess of the limit specified under this section.

(3) In a case within subsection (1)(b) the local housing authority shall not approve the application if, on the date of the application—

(a) the rateable value of the house or, as the case may be, any of the houses referred to in that paragraph, or

(b) where the certificate relates to a dwelling to be provided by the conversion of premises consisting of or including two or more houses, the aggregate of the rateable values of those houses,

is in excess of the limit specified under this section.

(4) The Secretary of State may by order made with the consent of the Treasury specify the rateable value limits for the purposes of this section.

(5) An order—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) For the purposes of this section the rateable value on any day of a dwelling or house is—

(a) if the dwelling or house is a hereditament for which a rateable value is then shown in the valuation list, that rateable value;

(b) if the dwelling or house forms part only of such a hereditament, or consists of or forms part of more than one such hereditament, such value as the local housing authority, after consultation with the applicant as to an appropriate apportionment or aggregation, shall determine.

(7) This section does not apply—

(a) to dwellings in housing action areas, or

(b) where the application for an improvement grant is made in respect of a dwelling for a disabled occupant and it appears to the local housing authority that the works are needed to meet a requirement arising from the particular disability from which the disabled occupant suffers.

470 Improvement grants are discretionary.

(1) A local housing authority may approve an application for an improvement grant in such circumstances as they think fit.

(2) Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)—

• section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest),

• section 465 (works already begun),

• section 466 (cases in which consent of Secretary of State is required),

• section 468 (standard of repair to be attained), and

• section 469 (rateable value limit for owner-occupied dwellings).

471 Improvement grants: estimated expense of works.

(1) Where a local housing authority approve an application for an improvement grant, they shall determine the amount of the expenses which in their opinion are proper to be incurred for the execution of the relevant works, and shall notify the applicant of that amount.

(2) Not more than 50 per cent., or such other percentage as may be prescribed, of the estimated expense of any works shall be allowed for works of repair and replacement.

(3) If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.

(4) If the applicant satisfies the authority that—

(a) the relevant works cannot be, or could not have been, carried out without carrying out additional works, and

(b) this could not have been reasonably foreseen at the time the application was made,

the authority may determine a higher amount as the amount of the estimated expense.

(5) In this section “prescribed” means prescribed by order of the Secretary of State.

(6) An order—

(a) may make different provision for different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

472 Improvement grants: limit on expense eligible for grant.

(1) Except in a case or description of case in which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of an improvement grant is so much of the estimated expense as does not exceed the limit determined under this section.

(2) The limit is the amount for the dwelling or, if the application relates to more than one dwelling, the total of the amounts for each of the dwellings applicable under the following paragraphs—

(a) for a dwelling which is provided by the conversion of a house or other building consisting of three or more storeys (counting the basement as a storey if all or part of the dwelling is in the basement), £2,400 or such other sum as may be prescribed, and

(b) for a dwelling which is improved by the relevant works or is provided by them otherwise than as mentioned in paragraph (a), £2,000 or such other sum as may be prescribed.

(3) In subsection (2) “prescribed” means prescribed by order of the Secretary of State.

(4) An order—

(a) may make different provision for different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(5) If the local housing authority are satisfied in a particular case that there are good reasons for increasing the amount of the limit, they may substitute such higher amount as the Secretary of State may approve; and his approval may be given either with respect to a particular case or with respect to a description of case.

473 Improvement grants: determination of amount.

(1) The amount of an improvement grant shall be fixed by the local housing authority when they approve the application, and shall not exceed the appropriate percentage of the eligible expense.

(2) The authority shall notify the applicant of the amount of the grant together with the notification under section 471(1) (notification of estimated expense of relevant works).

(3) Where the authority redetermine the amount of the estimated expense under section 471(3) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.

(4) Where the authority redetermine the amount of the estimated expense under section 471(4) (re-determination where additional works prove necessary), the eligible expense under section 472 shall be re-calculated and if on the recalculation the amount of the eligible expense is greater than it was at the time when the application was approved, the amount of the grant shall be increased and the applicant notified accordingly.

Intermediate grants

474 Works for which intermediate grants may be given.

(1) The works for which an intermediate grant may be given are—

(a) works required for the improvement of a dwelling by the provision of a standard amenity where the dwelling lacks an amenity of that description (including works such as are referred to in section 475(3)(b) (works for provision of amenity affected by other relevant works), or

(b) works required for the improvement of a dwelling by the provision of a standard amenity where, in the case of a dwelling for a disabled occupant, an existing amenity of the same description is not readily accessible to him by reason of his disability.

(2) The references in subsection (1) to works required for the improvement of a dwelling by the provision of a standard amenity include any works of repair or replacement which, in the opinion of the local housing authority, are needed for the purpose of putting the dwelling into a state of reasonable repair.

475 Requirements as to standard amenities provided or to be provided.

(1) An application for an intermediate grant shall specify the standard amenity or amenities which it is intended to provide by the relevant works, and if some only of the standard amenities are to be so provided shall state whether the dwelling is already provided with the remainder.

(2) An application for a grant for such works as are mentioned in section 474(1)(a) (works for provision of standard amenity which is lacking) shall state with respect to each standard amenity to be provided whether to the best of the knowledge and belief of the applicant the dwelling has been without that amentiy for a period of at least twelve months ending with the date on which the application is made.

(3) The local housing authority shall not approve such an application unless they are satisfied, with respect to each of the standard amenities to be provided—

(a) that the dwelling concerned has been without that amenity for a period of at least twelve months ending with the date on which the application is made, or

(b) that the dwelling is provided with that amenity on the date of the application but relevant works (other than those for the provision of the amenity) involve, and it would not be reasonably practicable to avoid, interference with or replacement of that amenity.

(4) An application for an intermediate grant for such works as are mentioned in section 474(1)(b) (works for provision of standard amenity in place of amenity not readily accessible to disabled occupant) shall state that the dwelling possesses the standard amenity in question but that it is not or will not be readily accessible to the disabled occupant by reason of his disability.

(5) The local housing authority shall not approve such an application unless they are satisfied that the existing amenity in question is not or will not be readily accessible to the disabled occupant by reason of his disability.

476 Standard of fitness to be attained.

A local housing authority shall not approve an application for an intermediate grant unless—

(a) they are satisfied that on completion of the relevant works the dwelling or, as the case may be, each of the dwellings to which the application relates will be fit for human habitation, or

(b) it seems reasonable in all the circumstances to approve the application even though the dwelling or dwellings will not reach that standard on completion of the relevant works.

477 Works required by improvement notice or undertaking.

The following provisions do not apply to an application for an intermediate grant, duly made in accordance with this Part, where the relevant works consist solely of works which the applicant is required to carry out by an improvement notice served or an undertaking accepted under Part VII (improvement notices)—

• section 463 (preliminary condition: interest of applicant in the property),

• section 464 (preliminary condition: certificate of future occupation),

• section 465 (application not to be approved if works already begun),

• section 466 (approval requiring consent of Secretary of State),

• section 475 (requirements as to standard amenities provided or to be provided),

• section 476 (standard of fitness to be attained by dwelling).

478 Restriction on works of repair or replacement.

Where the relevant works specified in an application for an intermediate grant include works of repair or replacement which go beyond those needed, in the opinion of the local housing authority, to put the dwelling into reasonable repair, the authority may with the consent of the applicant treat the application as varied so that the relevant works—

(a) are confined to works other than works of repair or replacement, or

(b) include only such works of repair and replacement as (taken with the rest of the relevant works) will, in the opinion of the authority, put the dwelling into reasonable repair,

and may approve the application as so varied.

479 Intermediate grants are mandatory.

(1) A local housing authority shall approve an application for an intermediate grant which is duly made in accordance with the provisions of this Part.

(2) Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)—

• section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest),

• section 465 (works already begun),

• section 466 (cases in which consent of Secretary of State is required),

• section 475(3) and (5) (requirements as to amenities provided), and

• section 476 (standard of fitness to be attained).

480 Intermediate grant: estimated expense of works.

(1) Where a local housing authority approve an application for an intermediate grant, they shall determine separately the amount of the expenses which in their opinion are proper to be incurred—

(a) for the execution of those of the relevant works which relate solely to the provision of standard amenities, and

(b) for the execution of those of the relevant works which consist of works of repair and replacement;

and they shall notify the applicant of the amounts so determined by them.

(2) Where the relevant works make provision for more than one standard amenity of the same description, only one amenity of that description shall be taken into account.

(3) If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.

(4) If the applicant satisfies the authority that—

(a) the relevant works cannot be, or could not have been, carried out without carrying out additional works, and

(b) that this could not have been reasonably foreseen at the time the application was made,

the authority may determine a higher amount under either or both of paragraphs (a) and(b) of subsection (1).

481 Intermediate grants: limit on expense eligible for grant.

(1) Except in a case or description of case in which the Secretary of State approves a higher eligible expense, the eligible expense for the purpose of an intermediate grant is the aggregate of—

(a) so much of the estimated expense determined under section 480(1)(a) (expense of provision of standard amenities) as does not exceed the total of the amounts specified in column 2 of the Table in section 508(1) (standard amenities and maximum eligible amounts) in relation to each of the standard amenities to be provided by the relevant works, and

(b) so much of the estimated expense determined under section 480(1)(b) (expense of works of repair and replacement) as does not exceed the limit determined under the following provisions of this section.

(2) The limit referred to in subsection (1)(b) in a case where either—

(a) the dwelling will in the opinion of the local housing authority be put on completion of the relevant works into reasonable repair, or

(b) it appears to the authority that the applicant could not without undue hardship finance the cost of the works necessary to put the dwelling into reasonable repair,

is £2,000 or such other amount as may be prescribed.

(3) In any other case the limit referred to in subsection (1)(b) is £200, or such other amount as may be prescribed, multiplied by the number of standard amenities to be provided on completion of the relevant works, subject to a maximum of £800 (or such other amount as may be prescribed).

(4) In this section “prescribed” means prescribed by order of the Secretary of State.

(5) An order—

(a) may make different provision for different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

482 Intermediate grants: determination of amount.

(1) The amount of an intermediate grant shall be the appropriate percentage of the eligible expense.

(2) The authority shall notify the applicant of the amount of the grant together with the notification under section 480(1) (notification of estimated expense of relevant works).

(3) Where the authority redetermine the amount of the estimated expense under section 480(3) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.

(4) Where the authority redetermine the amount of the estimated expense under section 480(4) (redetermination where additional works prove necessary), the eligible expense shall be re-calculated under section 481 and if on the recalculation the amount of the eligible expense is greater than it was at the time that the application was approved the amount of the grant shall be increased, and the applicant notified, accordingly.

Special grants

483 Works for which special grants may be made.

(1) The works for which a special grant may be made are works required for the improvement of a house in multiple occupation by the provision of—

(a) standard amenities, or

(b) means of escape from fire.

(2) The reference in subsection (1) to works required for the improvement of a house in multiple occupation in the respects mentioned includes any works of repair or replacement which, in the opinion of the local housing authority, are needed for the purpose of enabling the house to attain the standard of repair required by section 485.

484 Particulars to be stated in application.

An application for a special grant shall state by how many households and individuals the house concerned is occupied and, as applicable—

(a) the standard amenities with which it is already provided, and

(b) the means of escape from fire which are already available.

485 Standard of repair to be attained.

(1) The local housing authority shall not approve an application for a special grant unless they are satisfied that on completion of the relevant works the house will be in reasonable repair.

(2) If in the opinion of the authority the relevant works are more extensive than is necessary for the purpose of securing that the house will attain that standard, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the authority necessary for that purpose; and they may then approve the application as so varied.

486 Mandatory grants for works required notice under Part XI.

(1) The local housing authority shall not refuse an application, duly made, for a special grant—

(a) in so far as it relates to the provision of standard amenities and the authority are satisfied that the relevant works are necessary for compliance with so much of a notice under section 352 (works required to render house fit for number of occupants) as relates to standard amenities;

(b) in so far as it relates to the provision of means of escape from fire and the authority are satisfied that the relevant works are necessary for compliance with a notice under section 366 (works required for provision of means of escape from fire).

(2) So far as this section applies to an application, the following provisions do not apply—

• section 463 (preliminary conditions: interest of applicant in the property),

• section 465 (restriction on grants for works already begun), and

• section 485(1) (standard of repair to be attained).

487 Special grants not within s. 486 are discretionary.

(1) To the extent that the application does not fall within section 486 (mandatory grants for works required by notice under Part XI) the local housing authority may approve an application for a special grant in such circumstances as they think fit.

(2) Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)—

• section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest),

• section 465 (works already begun), and

• section 485 (standard of repair to be attained).

488 Special grants: estimated expense of works.

(1) Where a local authority approve an application for a special grant, they shall determine separately the amounts of the expenses which they think proper to be incurred for those of the relevant works which—

(a) consist in providing standard amenities,

(b) relate to the provision of means of escape from fire, and

(c) consist of works of repair and replacement;

and they shall notify the applicant of the amounts so determined by them.

(2) If, after the application for the grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.

(3) If the applicant satisfied the authority that—

(a) the relevant works cannot be, or could not have been, carried out without carrying out additional works, and

(b) that this could not have been reasonably foreseen at the time the application was made,

the authority may determine a higher amount under any of paragraphs (a) to (c) of subsection (1).

489 Special grants: limit on expense eligible for grant.

(1) Except in a case or description of case in which the Secretary of State approves a higher eligible expense, the eligible expense for the purposes of a special grant is the aggregate of the contributory elements specified in the following subsections.

(2) As regards the provision of standard amenities, the contributory element is so much of the amount determined under section 488(1)(a) as does not exceed the aggregate of the amounts specified in the second column of the Table in section 508(1) (standard amenities and maximum eligible amounts) in relation to each of the standard amenities to be provided by the relevant works (so that, where the relevant works make provision for more than one standard amenity of the same description, a separate amount shall be aggregated for each of those amenities).

(3) As regards the provision of means of escape from fire, the contributory element is so much of the amount determined under section 488(1)(b) as does not exceed £6,750 or such other amount as may be prescribed.

(4) As regards works of repair and replacement, the contributory element is so much of the amount determined under section 488(1)(c) as does not exceed £2,000 or such other amount as may be prescribed.

(5) In this section “prescribed” means prescribed by order of the Secretary of State.

(6) An order—

(a) may make different provision with respect to different cases of descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

490 Special grants: determination of amount.

(1) The amount of a special grant—

(a) so far as the grant is made in pursuance of section 486(1) (mandatory grants for works required by notice under Part XI), is the appropriate percentage of the eligible expense, and

(b) otherwise, is such as may be fixed by the local housing authority when they approve the application for the grant but shall not exceed the appropriate percentage of the eligible expense.

(2) The authority shall notify the applicant of the amount of the grant together with the notification under section 488(1) (notification of estimated expense of relevant works).

(3) Where the authority redetermine the amount of the estimated expense under section 488(2) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.

(4) Where the authority redetermine the amount of the estimated expense under section 488(3) (redetermination where additional works prove necessary), the eligible expense shall be recalculated under section 489 and if on the recalculation the amount is greater than when the application was approved, the amount of the grant shall be increased, and the applicant notified, accordingly.

Repairs grants

491 Works for which repairs grants may be made.

(1) The works for which a repairs grant may be given are works of repair or replacement relating to a dwelling, not being works associated with other works required for the provision of the dwelling by conversion of a house or other building or for the improvement of the dwelling.

(2) A local housing authority shall not approve an application for a repairs grant unless—

(a) they are satisfied that the relevant works are of a substantial and structural character, or

(b) the relevant works satisfy such requirements as may be prescribed for the purposes of this section by order of the Secretary of State made with the consent of the Treasury.

(3) An order—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

492 Dwellings in respect of which repairs grants may be made.

(1) An application for a repairs grant shall only be approved if it is made in respect of an old dwelling, as defined by order of the Secretary of State.

(2) Where an application for a repairs grant is accompanied by a certificate of owner-occupation, and the dwelling is not situated in a housing action area, the application shall only be approved if the rateable value at the date of the application is within the limits specified by order of the Secretary of State made with the consent of the Treasury.

(3) An order under subsection (1) or (2)—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

493 Standard of repair to be attained.

(1) The local housing authority shall not approve an application for a repairs grant unless they are satisfied that on completion of the relevant works the dwelling or, as the case may be, each of the dwellings to which the application relates will be in reasonable repair.

(2) If in the opinion of the authority the relevant works are more extensive than is necessary for the purpose of securing that the dwelling or dwellings attain that standard, the authority may, with the consent of the applicant, treat the application as varied so that the relevant works include only such works as seem to the authority to be necessasry for that purpose; and they may then approve the application as so varied.

494 Mandatory grants for works required by repairs notice.

(1) The local housing authority shall not refuse an application, duly made, for a repairs grant so far so far as it relates to the execution of works required by a notice under section 189 or 190 (repair notices) and the authority are satisfied that the works are necessary for compliance with the notice.

(2) So far as this section applies to an application, the following provisions do not apply—

• section 463 (preliminary condition: interest of applicant in the property),

• section 464 (preliminary condition: certificate as to future occupation), and

• section 465 (restriction on grants for works already begun).

495 Repairs grants not within s. 494 are discretionary.

(1) To the extent that the application does not fall within section 494 (mandatory grants for works required by repairs notice), the local housing authority may approve an application for a repairs grant in such circumstances as they think fit.

(2) Subsection (1) has effect subject to the following provisions (which restrict the cases in which applications may be approved)—

• section 463(2) (person who proposes to acquire but has not yet acquired an owner’s interest),

• section 465 (works already begun),

• section 491(2) (nature of works for which repairs grants may be given),

• section 492 (dwelling in respect of which repairs grants may be given), and

• section 493 (standard of repair to be attained).

496 Repairs grants: estimated expense of works.

(1) Where a local housing authority approve an application for a repairs grant, they shall determine the amount of the expenses which in their opinion are proper to be incurred for the execution of the relevant works and shall notify the applicant of that amount.

(2) If, after an application for a grant has been approved, the authority are satisfied that owing to circumstances beyond the control of the applicant the relevant works will not be carried out on the basis of the estimate contained in the application, they may, on receiving a further estimate, redetermine the estimated expense in relation to the grant.

(3) If the applicant satisfied the authority that—

(a) the relevant works cannot be, or could not have been, carried out without carrying out additional works, and

(b) this could not have been reasonably foreseen at the time the application was made,

the authority may determine a higher amount under subsection (1).

497 Repairs grants: limit on expense eligible for grant.

(1) Except in a case or description in respect of which the Secretary of State approves a higher eligible expense, the eligible expense for the purpose of a repairs grant is so much of the estimated expense as does not exceed £800 or such other amount as may be prescribed.

(2) In subsection (1) “prescribed” means prescribed by order of the Secretary of State.

(3) An order—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

498 Repairs grants: determination of amount.

(1) The amount of a repairs grant—

(a) so far as the grant is made in pursuance of section 494(1) (mandatory grants for works required by repairs notice), is the appropriate percentage of the eligible expense, and

(b) otherwise, is such as may be fixed by the local housing authority when they approve the application for the grant but shall not exceed the appropriate percentage of the eligible expense.

(2) The authority shall notify the applicant of the amount of the grant together with the notification under section 496(1) (notification of estimated expense of works).

(3) Where the authority redetermine the amount of the estimated expense under section 496(2) (new estimate where works cannot be carried out in accordance with original estimate), they shall make such other adjustments relating to the amount of the grant as appear to them to be appropriate; but the amount of the grant shall not be increased beyond the amount which could have been notified when the application was approved if the estimate contained in the application had been of the same amount as the further estimate.

(4) Where the authority redetermine the amount of the estimated expense under section 496(3) (redetermination where additional works prove necessary), the eligible expense shall be re-calculated under section 497, and if on the re-calculation the amount is greater than when the application was approved the amount of the grant shall be increased, and the applicant notified, accordingly.

Grant conditions

499 Conditions as to future occupation: introductory.

(1) Where an application for a grant (other than a special grant) has been approved by a local housing authority, the provisions of—

• section 500 (condition as to owner-occupation),

• section 501 (condition as to availability for letting), and

• section 502 (conditions as to provision of information about occupation),

apply during the initial period as to the occupation of the dwelling or, as the case may be, each of the dwellings to which the grant relates.

(2) The “initial period” means the period of five years beginning with the date certified by the authority as the date on which the dwelling first becomes fit for occupation after the completion of the relevant works to the satisfaction of the authority.

(3) That date is referred to in this Part as “the certified date”.

500 Condition as to owner-occupation.

(1) This section applies where the application for the grant was accompanied by a certificate of owner-occupation.

(2) It is a condition of the grant that—

(a) throughout the first year of the initial period the dwelling will, as a residence, be occupied exclusively by, or be available for the exclusive occupation of, a qualifying person and the members of his household (if any), and

(b) if at any time after that first year (but during the initial period) the dwelling is not occupied exclusively as his only or main residence by a qualifying person and members of his household (if any), it will be let or available for letting by a qualifying person as a residence, and not for a holiday, to persons other than members of that person’s family.

(3) The following persons are “qualifying persons” for the purposes of this section—

(a) the applicant and any person deriving title to the dwelling through or under him;

(b) a member of the applicant’s family or a grandparent or grandchild of the applicant or his spouse;

(c) at a time when personal representatives or trustees are the qualifying persons by virtue of paragraph (a), a person who under the will or intestacy or, as the case may be, under the terms of the trusts concerned is beneficially entitled to an interest in the dwelling or the proceeds of sale of the dwelling;

(d) a person related to one who qualifies under paragraph (c) by being a member of his family or a grandparent or grandchild of his or of his spouse.

(4) In determining whether there is a breach of the condition specified in subsection(2), a period of not more than twelve months during which the condition was not fulfilled shall be disregarded if—

(a) the period began on the death of a qualifying person who immediately before his death was occupying the dwelling as his residence, and

(b) throughout the period an interest in the dwelling (or in the proceeds of sale of the dwelling), being either the interest which belonged to the deceased or an interest which arose or fell into possession on his death, is vested in his personal representatives (acting in that capacity), or in trustees as such, or by virtue of section 9 of the [1925 c. 23.] Administration of Estates Act 1925 (vesting of estate of intestate between death and grant of administration) in the Probate Judge within the meaning of that Act.

501 Condition as to availability for letting.

(1) This section applies where the application for the grant was accompanied by a certificate of availability for letting.

(2) It is a condition of the grant that throughout the initial period—

(a) the dwelling will be let or available for letting as a residence, and not for a holiday, by a qualifying person to persons other than members of the family of that qualifying person or of any other person who is for the time being a qualifying person in relation to the dwelling, or

(b) the dwelling will be occupied or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant,

(disregarding any part of that period in which neither of the above paragraphs applies but the dwelling is occupied by a person who is a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976).

(3) The following persons are “qualifying persons” for the purposes of this section—

(a) the applicant and any person who derives title to the dwelling through or under him otherwise than by a conveyance for value;

(b) a member of the applicant’s family or a grandparent or grandchild of the applicant or his spouse;

(c) at a time when personal representatives or trustees are the qualifying persons by virtue of paragraph (a), a person who under the will or intestacy or, as the case may require, under the terms of the trusts concerned is beneficially entitled to an interest in the dwelling or the proceedings of sale of the dwelling;

(d) a person related to one who qualifies under paragraph (c) by being a member of his family or a grandparent or grandchild of his or of his spouse.

(4) Where the application was accompanied by a certificate under section 464(2) (tenants' applications: certificate to be given by owner or landlord), subsection (3) has effect with the substitution for the references to the applicant of references to the person who gave the certificate.

502 Conditions as to provision of information about occupation.

It is a condition of the grant—

(a) that if, at any time within the initial period, the authority by whom the grant was paid serve notice on the owner of the dwelling requiring him to do so, he shall, within the period of 21 days beginning with the date on which the notice is served, furnish to the authority a certificate giving such information as the authority may reasonably require with respect to the occupation of the dwelling, and

(b) that, if required to do so by the owner of the dwelling, any tenant of the dwelling will furnish the owner with such information as he may reasonably require to enable him to furnish the certificate to the authority.

503 Imposition of further conditions by local housing authority.

(1) Where an application for an improvement grant, intermediate grant or repairs grant is approved by a local housing authority, then, subject to subsection (2), the authority—

(a) may impose with respect to the dwelling or, as the case may be, each of the dwellings to which the grant relates the further conditions specified in section 504 (further conditions as to letting of dwellings), and

(b) shall do so, subject to subsection (3), in the case of a dwelling situated in an area which on the date on which the application is approved is a housing action area or general improvement area;

but the authority may impose no other condition in relation to the approval or making of the grant, whether purporting to operate by way of a condition of the grant, a personal covenant or otherwise.

(2) The further conditions specified in section 504 may not be imposed to the extent that the grant relates to—

(a) a dwelling in which a registered housing assocation or co-operative housing association has an estate or interest on the date on which the application is approved, or

(b) a dwelling in respect of which a certificate of owner-occupation has been given and which has not been let in whole or in part for residential purposes at any time during the period of twelve months immediately preceding the date on which the application is approved (disregarding for this purpose any letting to the applicant, to a member of his family or to a grandparent or grandchild of the applicant or his spouse),or

(c) a dwelling which is occupied by or available for occupation by a member of the agricultural population in pursuance of a contract of service and otherwise than as a tenant, or

(d) a dwelling which is occupied by a person who is a protected occupier or statutory tenant under the [1976 c. 80.] Rent (Agriculture) Act 1976.

or where the application is a tenant’s application and is not accompanied by a certificate of availability for letting.

(3) In the case of a dwelling within subsection (1)(b) in respect of which a certificate of owner-occupation has been given, the local housing authority need not impose the further conditions specified in section 504 if it appears to them that in the special circumstances of the case it would be reasonable to dispense with them.

504 Further conditions as to letting of dwelling.

(1) The conditions referred to in section 503(1) (power of local housing authority to impose further conditions) are—

(a) that the dwelling will be let or available for letting on a regulated tenancy or a restricted contract;

(b) that the owner of the dwelling will, if the authority serve notice requiring him to do so, give the authority, within the period of 21 days beginning with the date on which the notice is served, a certificate that the condition set out in paragraph (a) is being fulfilled;

(c) that any tenant of the dwelling will, if required to do so by the owner, give him such information as he may reasonably require for the purpose of enabling him to comply with the condition set out in paragraph (b);

(d) that, if on the certified date there is no registered rent for the dwelling and no application or reference is pending, an application or reference will be made before the expiry of the period of 14 days beginning with the first day, not being earlier than the certified date, on which the dwelling is or becomes subject to a regulated tenancy or let on a restricted contract;

(e) that any such application or reference, either pending or made as mentioned in paragraph(d), will be diligently proceeded with and not withdrawn; and

(f) that no premium (within the meaning of Part IX of the [1977 c. 42.] Rent Act 1977) will be required as a condition of the grant, renewal or continuance, on or after the certified date, of a lease or agreement for a lease of, or restricted contract relating to, the dwelling.

(2) In subsection (1)

(a) “regulated tenancy” has the same meaning as in the Rent Act 1977,

(b) “registered rent”, in relation to a dwelling subject to, or available for letting on, a regulated tenancy, means a rent registered under Part IV of that Act, and in relation to a dwelling let or available for letting on a restricted contract, means a rent registered in the register kept under section 79 of that Act, and

(c) “application” and “reference”, in relation to the registration of a rent, mean, respectively, an application to the rent officer and a reference of the restricted contract to the rent tribunal.

505 Duration and enforceability of grant conditions.

(1) A grant condition is in force—

(a) in the case of a condition imposed under section 503 (further conditions) with respect to a dwelling which on the date on which the application is approved is in a housing action area, for the period of seven years beginning with the certified date, and

(b) in any other case, for the period of five years beginning with that date;

but subject to the provisions of section 506 and 507 (repayment of grant).

(2) So long as a grant condition remains in force—

(a) it is binding on any person, other than a housing authority or registered housing association, who is for the time being the owner of the dwelling to which the grant relates, and

(b) it is enforceable against all other persons having an interest in the dwelling as if it were a condition of the terms of every lease, agreement for a lease or statutory tenancy of, or of property including, the dwelling.

(3) A grant condition is a local land charge.

506 Repayment of grant for breach of condition.

(1) In the event of a breach of a grant condition, the local housing authority may demand that the owner for the time being of the dwelling repay the grant forthwith.

(2) The amount payable is—

(a) where the grant related to a single dwelling, the amount of the grant, or

(b) where the grant related to two or more dwellings, such part of the grant as appears to the authority to be referable to the dwelling to which the breach relates,

together with compound interest on that amount or part as from the certified date, calculated at such reasonable rate as the local housing authority may determine and with yearly rests.

(3) The authority may determine not to make such a demand or may demand a lesser amount.

(4) On satisfaction of the liability arising from a demand under this section, all conditions of the grant cease to be in force with respect to the dwelling in question.

507 Voluntary repayment of grant.

(1) If at any time while a condition of a grant remains in force—

(a) the owner of the dwelling to which the condition relates pays to the local housing authority by whom the grant was made the amount specified in section 506(2) (amount repayable for breach of condition), or

(b) a mortgagee of the interest of the owner in that dwelling, being a mortgagee entitled to exercise a power of sale, makes such a payment,

all conditions of the grant cease to be in force with respect to that dwelling.

(2) An amount paid under subsection (1) by a mortgagee shall be treated as part of the sums secured by the mortgage and may be discharged accordingly.

(3) The purposes authorised for the application of capital money by—

• section 73 of the [1925 c. 18.] Settled Land Act 1925,

• that section as applied by section 28 of the [1925 c. 20.] Law of Property Act 1925 in relation to trusts for sale, and

• section 26 of the [1925 c. 24.] Universities & College Estates Act 1925,

include the making of payments under subsection (1).

Main grants: supplementary provisions

508 Standard amenities and maximum eligible amounts.

(1) The standard amenities for the purposes of this Part are those described in column 1 of the following Table (subject to the Notes below); and the maximum eligible amounts for each description of amenity are those shown in column 2 of the Table.

TABLE

Description of amenity	Maximum eligible amount
	Premises in Greater London	Premises elsewhere
	£	£
NOTES: 1. A fixed bath or shower shall be in a bathroom, unless Note 2 applies. 2. If it is not reasonably practicable for the fixed bath or shower to be in a bathroom but it is reasonably practicable for it to be provided with a hot and cold water supply, it need not be in a bathroom but may be in any part of the dwelling which is not a bedroom. 3. A water closet shall, if reasonably practicable, be in, and accessible from within, the dwelling or, where the dwelling is part of a larger building, in such a position in that building as to be readily accessible from the dwelling. 4. Notes 2 and 3 do not apply for the purposes of special grants.
A fixed bath or shower (see Notes 1 and 2)	450	340
A hot and cold water supply at a fixed bath or shower (see Notes 1 and 2)	570	430
A wash-hand basin	175	130
A hot and cold water supply at a wash-hand basin	300	230
A sink	450	340
A hot and cold water supply at a sink	380	290
A water closet (see Note 3)	680	515

(2) The Secretary of State may by order vary the provisions of the above Table and Notes.

(3) An order—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b) may contain such transitional or other supplementary provisions as appear to the Secretary of State to be expedient, and

(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

509 Meaning of “the appropriate percentage”.

(1) The “appropriate percentage” for the purpose of determining the amount or maximum amount of a grant shall be prescribed by order of the Secretary of State made with the consent of the Treasury.

(2) An order—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of the House of Commons.

(3) An order has effect with respect to applications for grants approved after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.

510 Statement of reasons for refusing application or giving less than maximum grant.

(1) If the local housing authority—

(a) do not approve an application for a grant, or

(b) where the amount of the grant is discretionary, fix the amount at less than the appropriate percentage of the eligible expense.

they shall give the applicant a statement in writing of their reasons for doing so.

511 Payment of grants: general.

(1) Where the local housing authority have approved an application for a grant, they shall pay the grant, subject to section 512 (conditions as to completion of works).

(2) The grant may be paid—

(a) after the completion of the works towards the cost of which it is payable, or

(b) in part by instalments as the works progress and the balance after completion of the works.

(3) Where a grant is paid in instalments, the aggregate of the instalments paid before the completion of the works shall not at any time exceed—

(a) in the case of an intermediate grant, the appropriate percentage of the total cost of the works so far executed;

(b) in the case of an improvement grant, special grant or repairs grant, an amount bearing to that total cost the same proportion as the amount of the grant fixed by the authority bears to the eligible expense.

512 Payment of grants: conditions as to completion of works.

(1) The payment of a grant, or part of a grant, is conditional upon the works or the corresponding part being executed to the satisfaction of the local housing authority.

(2) In approving an application for a grant the authority may require as a condition of paying the grant that the relevant works are carried out within such time, not being less than twelve months, as the authority may specify or such further time as they may allow.

(3) In particular, where the authority are satisfied that the relevant works cannot or could not have been carried out without the carrying out of additional works, they may allow further time as the time within which the relevant works and the additional works are to be carried out.

(4) If an instalment of a grant is paid before the completion of the works and the works are not completed within—

(a) the time specified by the authority under subsection (2) or such further time as they may allow, or

(b) if no time was so specified, twelve months from the date on which the instalment is paid or such further time as the authority may allow,

the authority may demand the repayment forthwith by the applicant or his personal representatives of that instalment, and any further sums paid by the authority, together with interest at such reasonable rate as the authority may determine from the date of payment until repayment.

513 Special cases: parsonages, application by charities, &c.

(1) This section applies to—

(a) an application for a grant in respect of glebe land or the residence house of an ecclesiastical benefice made, during a period when the benefice is vacant, by a sequestrator of the profits of the benefice, and

(b) an application for a grant made by a charity or on behalf of a charity by the charity trustees of the charity.

(2) The following provisions do not apply to an application to which this section applies—

• section 463(1) (preliminary condition: interest of applicant in the property),

• section 464 (preliminary condition: certificate as to future occupation), and

• sections 499 to 504 (grant conditions as to future occupation, &c.).

514 Power of local housing authority to carry out works which would attract grant.

(1) The local housing authority may by agreement with a person having the requisite interest execute at his expense—

(a) any works towards the cost of which a grant under this Part is payable or might be paid on an application duly made and approved, and

(b) any further works which it is in their opinion necessary or desirable to execute together with the works mentioned in paragraph (a)

(2) The “requisite interest” means an interest in every parcel of land on which the works are to be carried out which is either—

(a) an estate in fee simple absolute in possession, or

(b) a term of years absolute of which not less than five years remains unexpired.

(3) The works with respect to which an agreement may be made under this section include, if the works are to be carried out in a general improvement area—

(a) any works the carrying out of which will or might be assisted under section 255(1)(a) (improvement of amenities or dwellings), or

(b) any works of external repair (including decorative repair) or replacement.

515 Grants restricted to applicant and his personal representatives.

(1) In relation to a grant or an application for a grant, references in the preceding provisions of this Part, and in subsection(2) below, to the applicant shall be construed in relation to any time after his death as a reference to his personal representatives.

(2) If, before the certified date, the applicant ceases to have an owner’s interest or ceases to be a tenant of the dwelling—

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

(b) the local housing authority 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.

(3) In subsection (2) “owner’s interest” and “tenant” have the same meaning as in section 463(1) (preliminary condition: interest of applicant in the property).

516 Contributions by Secretary of State.

(1) The Secretary of State may make contributions towards the expense incurred by a local housing authority in making a grant.

(2) The contributions shall be annual sums—

(a) payable in respect of a period of 20 years beginning with the financial year in which the works towards the cost of which the grant was made were completed, and

(b) equal to a percentage of the annual loan charges referable to the amount of the grant.

(3) Subject to any order under section 517 (power to vary percentages), the percentage is—

(a) 90 per cent. in a case where the premises to which the application relates are in a general improvement area or housing action area, and

(b) 75 per cent. in any other case;

and, subject to subsection (4), the applicable percentage shall be determined by reference to the state of affairs at the date when the application is approved.

(4) Where on that date the premises are in an area declared to be a housing action area and the Secretary of State subsequently notifies the local housing authority—

(a) that the area is no longer to be such an area, or

(b) that land on which the premises are situated is to be excluded from the area,

he may (without prejudice to his discretion under subsection (1) not to make a contribution) make a contribution on the basis that the applicable percentage is 75 per cent.

(5) The annual loan charges referable to the amount of a grant are the annual sums which, in the opinion of the Secretary of State, would fall to be provided by a housing authority for the payment of interest on, and the repayment of, a loan of that amount repayable over a period of 20 years.

(6) Contributions under this section are payable subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

517 Power to vary percentages mentioned in s. 516.

(1) The Secretary of State may by order made with the consent of the Treasury vary either or both of the percentages mentioned in section 516 (contributions by Secretary of State to expense of making grants).

(2) An order—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument and shall not be made unless a draft of it has been laid before and approved by resolution of the House of Commons.

(3) An order has effect with respect to applications for grants approved after such date as may be specified in the order, and the specified date shall not be earlier than the date of the laying of the draft.

518 Meaning of “dwelling for a disabled occupant” and related expressions.

(1) In this Part “dwelling for disabled occupant” means a dwelling which—

(a) is a disabled occupant’s only or main residence when an application for a grant in respect of it is made, or

(b) is likely in the opinion of the local housing authority to become a disabled occupant’s only or main residence within a reasonable period after the completion of the relevant works,

and “disabled occupant” means a disabled person for whose benefit it is proposed to carry out any of the relevant works.

(2) In subsection (1) “disabled person” means—

(a) a person who is registered in pursuance of arrangements made under section 29(1) of the [1948 c. 29.] National Assistance Act 1948 (handicapped persons' welfare), or

(b) any other person for whose welfare arrangements have been made under that provision or, in the opinion of the welfare authority, might be made under it;

and for this purpose “welfare authority” means the council which is the local authority for the purposes of the [1970 c. 42.] Local Authority Social Services Act 1970 for the area in which the dwelling is situated.

(3) In this part “improvement”, in relation to a dwelling for a disabled occupant, includes the doing of works required for making it suitable for his accommodation, welfare or employment.

519 Meaning of “reasonable repair”.

(1) In determining what is “reasonable repair”, in relation to a dwelling or house, a local housing authority—

(a) shall have regard to the age and character of the dwelling or house and the locality in which it is situated

(b) for the purposes of an intermediate grant, shall also have regard to the period during which the dwelling is likely to be available for use as a dwelling, and

(c) shall disregard the state of internal decorative repair.

520 Members of a person’s family.

(1) A person is a member of another’s family within the meaning of this Part if—

(a) he is the spouse of that person, or

(b) he is that person’s parent or child.

(2) For the purposes of subsection (1)(b)—

(a) a relationship by marriage shall be treated as a relationship by blood,

(b) the stepchild of a person shall be treated as his child, and

(c) an illegitimate child shall be treated as the legitimate child of his mother and reputed father.

Grants for thermal insulation

521 Schemes for grants for thermal insulation.

(1) Local housing authorities shall make grants, in accordance with such schemes as may be prepared and published by the Secretary of State and laid by him before Parliament, towards the cost of works undertaken to improve the thermal insulation of dwellings in their district.

(2) Schemes under this section shall specify—

(a) the descriptions of dwelling and the insulation works qualifying for grants, and

(b) the persons from whom applications may be entertained in respect of different descriptions of dwelling,

(3) The grant shall be such percentage of the cost of the works qualifying for grant as may be prescribed, or such money sum as may be prescribed, whichever is the less.

(4) A scheme may provide for grants to be made only to those applying on grounds of special need or to be made in those cases on a prescribed higher scale; and for this purpose “special need” shall be determined by reference to such matters personal to the applicant (such as age, disability, bad health and inability without undue hardship to finance the cost of the works) as may be specified in the scheme.

(5) In this section “prescribed” means prescribed by order of the Secretary of State made with the approval of the Treasury.

(6) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

522 Finance and administration of schemes under s. 521.

(1) Finance for the making of grants under section 521 shall be provided to local housing authorities from time to time by the Secretary of State.

(2) A local housing authority is not required, nor has power, to make grants under section 521 in any year beyond those for which the Secretary of State has notified them that finance is committed for that year in respect of the authority’s district.

(3) In the administration of grants under section 521 local housing authorities shall comply with any directions given to them by the Secretary of State after consultation with their representative organisations.

(4) The Secretary of State may, in particular, give directions as to—

(a) the way in which applications for grants are to be dealt with, and the priorities to be observed between applicants and different categories of applicant, and

(b) the means of authenticating applications, so that grants are only given in proper cases, and of ensuring that the works are carried out to any standard specified in the applicable scheme.

(5) The Secretary of State shall, with the approval of the Treasury, pay such sums as he thinks reasonable in respect of the administrative expenses incurred by local housing authorities in operating schemes under section 521.

Miscellaneous

523 Assistance for provision of separate service pipe for water supply.

(1) The local housing authority may, if they think fit, give assistance in respect of the provision of a separate service pipe for a house which has a piped supply of water from a water main but no separate service pipe.

(2) The assistance shall be by way of a grant in respect of all or part of the expenses incurred in the provision of the separate service pipe.

(3) The reference in subsection (2) to the expenses incurred in the provision of the separate service pipe includes, in a case where all or part of the works are carried out by statutory water undertakers (whether in exercise of default powers or otherwise), sums payable to the undertakers by the owner of the house, or any other person, for carrying out the works.

524 Contributions under superseded enactments.

Schedule 19 has effect with respect to contributions payable under superseded enactments.

General supplementary provisions

525 Minor definitions.

In this Part—

• “agricultural population” means—

  (a)

  persons whose employment or latest employment is or was employment in agriculture or in an industry mainly dependent on agriculture, and

  (b)

  the dependents of those persons;

  and for this purpose “agriculture” includes dairy-farming and poultry-farming and the use of land as grazing, meadow or pasture land, or orchard or osier land or woodland, or for market gardens or nursery grounds;

• “charity trustees” has the same meaning as in the [1960 c. 58.] Charities Act 1960;

• “dweling” means a building or part of a building occupied or intended to be ocupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

• “House in multiple occupation” means a house which is occupied by persons who do not form a single household, exclusive of any part of the house which is occupied as a separate dwelling by persons who form a single household;

• “improvement” includes alteration and enlargement;

• “owner”, in relation to a dwelling, means the person who—

  (a)

  is for the time being entitled to receive from a lessee of the dwelling (or would be so entitled if the dwelling were let) a rent of not less than two-thirds of the net annual value of the dwelling; and

  (b)

  is not himself liable as lessee of the dwelling, or of property which includes the dwelling, to pay such a rent to a superior landlord.

526 Index of defined expressions: Part XV.

The following Table shows provisions defining or otherwise explaining expressions used in this part (other than provisions defining or explaining an expression in the same section):—

agricultural population	section 525
applicant	section 515(1)
appropriate percentage	section 509
certificate of availability for letting	section 464(5)
certificate of owner-occupation	section 464(3), (4)
certified date	section 499(3)
charity	section 622
charity trustees	section 525
co-operative housing association	section 5(2)
district (of a local housing authority)	section 2(1)
dwelling	section 525
dwelling for a disabled occupant	section 518
eligible expense	sections 472, 481, 489 and 497
fit for human habitation	section 604
general improvement area	section 253
grant (without more)	section 460(1)
house in multiple occupation	section 525
housing action area	section 239
housing association	section 5(1)
housing authority	section 4(a)
improvement	section 518(3) and 525
improvement grant	sections 460 and 467
initial period	section 499(2)
intermediate grant	sections 460 and 474
lessee and let	section 621
local housing authority	section 1, 2(2)
member of family	section 520
owner	section 525
protected occupancy	section 622
protected tenancy	section 622
reasonable repair	section 519
registered and unregistered (in relation to a housing association)	section 5(4)
relevant works	section 461(2)
repairs grant	sections 460 and 491
restricted contract	section 622
secure tenancy	section 79
special grant	section 460 and 483
standard amenity	section 508(1)
statutory tenancy	section 622
tenancy and tenant	section 621