F1C1Part VIII

Annotations:
Amendments (Textual)
F1

Pt. VIII (ss. 101-138) repealed (17.12.1996) by 1996 c. 53, s. 147, Sch. 3 Pt. I; S.I. 1996/2842, art. 3 (with transitional provisions in arts. 5, 8)

Modifications etc. (not altering text)
C1

Pt. VIII (ss. 101-138) excluded (17.12.1996) by 1996 c. 53, s. 102(1)(2); S.I. 1996/2842, art. 3

Approvals, notification and payment

114 Approval of applications to provide certain facilities for the disabled.

1

A local housing authority shall not approve an application for a disabledfacilities grant unless they are satisfied—

a

that the relevant works are necessary and appropriate to meet the needsof the disabled occupant; and

b

that it is reasonable and practicable to carry out the relevant works,having regard to the age and condition of the dwelling or building;

and, in considering the matters specified in paragraph (a) above, F2alocal housing authority in Englandshall consult the welfare authority.

2

A local housing authority shall not approve an application for a disabledfacilities grant in respect of works to the common parts of a buildingcontaining one or more flats unless they are satisfied that the applicant hasa power or is under a duty to carry out the relevant works.

3

Subject to the preceding provisions of this Part, a local housingauthority shall approve an application for a disabled facilities grant if therelevant works are for any one or more of the following purposes—

a

facilitating access by the disabled occupant to and from the dwelling orthe building in which the dwelling or, as the case may be, flat is situated;

b

facilitating access by the disabled occupant to a room used or usable asthe principal family room;

c

facilitating access by the disabled occupant to, or providing for thedisabled occupant, a room used or usable for sleeping;

d

facilitating access by the disabled occupant to, or providing for thedisabled occupant, a room in which there is a lavatory, bath, shower orwashhand basin or facilitating the use by the disabled occupant of such afacility;

e

facilitating the preparation and cooking of food by the disabled occupant;

f

improving any heating system in the dwelling to meet the needs of thedisabled occupant or, if there is no existing heating system in the dwellingor any such system is unsuitable for use by the disabled occupant, providinga heating system suitable to meet his needs;

g

facilitating the use by the disabled occupant of a source of power, lightor heat by altering the position of one or more means of access to or controlof that source or by providing additional means of control; and

h

facilitating access and movement by the disabled occupant around thedwelling in order to enable him to care for a person who is normally residentin the dwelling and is in need of such care.

4

Subject to the preceding provisions of this Part, a local housingauthority may approve an application for a disabled facilities grant where therelevant works do not fall within subsection (3) above but are for the purposeof making the dwelling or building suitable for the accommodation, welfare oremployment of the disabled occupant.

5

In this section “the disabled occupant” means the disabled person for whosebenefit it is proposed to carry out any of the relevant works.

6

In this Part “disabled person” means—

a

a person who is registered in pursuance of arrangements made under section29(1) of the M1National Assistance Act 1948 (handicappedpersons’ welfare); F3 . . .

b

any other person for whose welfare arrangements have been made under thatprovision or, in the opinion of the welfare authority, might be made under it. F3or

c

a person to whom section 17(11) of the Children Act 1989 (disabled children) applies.

7

For the purposes of this section, “welfare authority” means the council which is the localauthority for the purposes of the M2Local Authority SocialServices Act 1970 for the area in which the dwelling is situated.