Housing Grants, Construction and Regeneration Act 1996

19 Disabled facilities grants: owner’s and tenant’s applications. E+W

(1) A local housing authority shall not entertain an application for a F1 . . . grant unless they are satisfied—

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

(b) that the applicant is a tenant (alone or jointly with others)—

(i) in the case of an application in respect of works to a dwelling, of the dwelling, or

(ii) in the case of a common parts application, of a flat in the building,

and, in either case, does not have or propose to acquire such an owner’s interest as is mentioned in paragraph (a) [F2 , or

[F3 (c) that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a caravan and, in the case of a caravan, that at the time the application was made the caravan was stationed on land within the authority’s area.]]

(2) References in this Chapter to an “owner's application” or a “tenant's application” [F4 or an “occupier’s application”], in relation to a F5 . . . grant, shall be construed accordingly.

(3) In accordance with directions given by the Secretary of State, a local housing authority may treat the condition in subsection (1)(a) as met by a person who has, or proposes to acquire, an owner’s interest in only part of the land concerned.

(4) In this Chapter, in relation to an application for a F6 . . . grant—

• “qualifying owner’s interest” means an owner’s interest meeting the condition in subsection (1)(a) or treated by virtue of subsection (3) as meeting that condition; and

• “qualifying tenant” means a tenant who meets the conditions in subsection (1)(b).

(5) In this Chapter “tenant”, in relation to a F7 . . . grant, includes—

(a) a secure tenant, introductory tenant or statutory tenant,

(b) a protected occupier under the M1 Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the M2 Housing Act 1988,

(c) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties, and

(d) a person having a licence to occupy the dwelling or flat concerned which satisfies such conditions as may be specified by order of the Secretary of State;

and other expressions relating to tenancies, in the context of an application for F8 . . . grant, shall be construed accordingly.

Textual Amendments

F1 Words in s. 19(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. 4(2)(a), Sch. 6 (with art. 11(2))

F2 S. 19(1)(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. 4(2)(b) (with art. 11(2))

F3 S. 19(1)(c) substituted (18.1.2005) by Housing Act 2004 (c. 34), ss. 224(3), 270(3)(a) (with s. 224(9))

F4 Words in s. 19(2) 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. 4(3)(a) (with art. 11(2))

F5 Words in s. 19(2) 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. 4(3)(b), Sch. 6 (with art. 11(2))

F6 Words in s. 19(4)(5) 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. 4(4), Sch. 6 (with art. 11(2))

F7 Words in s. 19(4)(5) 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. 4(4), Sch. 6 (with art. 11(2))

F8 Words in s. 19(4)(5) 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. 4(4), Sch. 6 (with art. 11(2))

Commencement Information

I1 S. 19 wholly in force; s. 19 not in force at Royal Assent see s. 150; s. 19 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); S. 19 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3

Marginal Citations

M1 1976 c. 80.

M2 1988 c. 50.