Housing Grants, Construction and Regeneration Act 1996

100 Disabled persons. E+W

(1) For the purposes of this Part a person is disabled if—

(a) his sight, hearing or speech is substantially impaired,

(b) he has a mental disorder or impairment of any kind, or

(c) he is physically substantially disabled by illness, injury, impairment present since birth, or otherwise.

(2) A person aged eighteen or over shall be taken for the purposes of this Part to be disabled if—

[F1 (za) the person is registered in a register maintained under section 77(1) or (3) of the Care Act 2014 (registers of sight-impaired adults, disabled adults, etc.),

(zb) in the opinion of the social services authority, the person falls within a category mentioned in section 77(4) of that Act (persons for whom register may be maintained),]

[F2 (a) the person is registered in a register maintained under section 18(5) of the Social Services and Well-being (Wales) Act 2014 (register of disabled adults and adults with an impairment or who have needs for care and support), or

(b) in the opinion of the social services authority, the person falls within a category mentioned in section 18(6) of that Act.]

(3) A person under the age of eighteen shall be taken for the purposes of this Part to be disabled if—

(a) he is registered in a register of disabled children maintained under paragraph 2 of Schedule 2 to the M1 Children Act 1989, or

(b) he is in the opinion of the social services authority a disabled child as defined for the purposes of Part III of the M2 Children Act 1989 (local authority support for children and their families).

[F3 (c) the person is registered as disabled in a register maintained under section 18(4) of the Social Services and Well-being (Wales) Act 2014, or

(d) the person is, in the opinion of the social services authority, disabled as defined for the purposes of section 3 of the Social Services and Well-being (Wales) Act 2014.]

[F4 (4) In this Part “social services authority” means—

(a) in England, the council which is the local authority for the purposes of the Local Authority Social Services Act 1970, and

(b) in Wales, the council which is the local authority for the purposes of the Social Services and Well-being (Wales) Act 2014,

for the area in which the dwelling or building is situated.]

(5) Nothing in subsection (1) above shall be construed as affecting the persons who are to be regarded as [F5 having a disability for the purposes of section 77 of the Care Act 2014 or as] disabled under F6 ... section 17(11) of the Children Act 1989 [F7 or section 3 of the Social Services and Well-being (Wales) Act 2014] F8 ....

Textual Amendments

F1 S. 100(2)(za)(zb) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 57(2) (with arts. 1(3), 3)

F2 S. 100(2)(a)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 152(a)

F3 S. 100(3)(c)(d) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 152(b)

F4 S. 100(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 152(c)

F5 Words in s. 100(5) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 57(3)(a) (with arts. 1(3), 3)

F6 Words in s. 100(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 152(d)(i)

F7 Words in s. 100(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 152(d)(ii)

F8 Words in s. 100(5) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 57(3)(b) (with arts. 1(3), 3)

Marginal Citations

M1 1989 c. 41.

M2 1989 c. 41.