9.3  Payment of Assistance

The Council may pay the assistance direct to the contractor either in instalments as work proceeds or in one lump sum following completion of works, if indicated by the applicant on or subsequently to the assistance being approved.

Where assistance is payable, but the assisted works have not been executed to the satisfaction of the applicant, the Council may at the applicant’s written request, and if they consider it appropriate to do so, withhold payment from the contractor. If they do so, they may make the payment to the applicant instead.

Where assistance is in the form of a loan, or loan guarantee the Council will enter into legal agreements with the parties at the appropriate time.

Where assistance is in any other form than a loan guarantee the Council will not enter into any Form of Contract with the Contractor and it will be at the assisted applicant’s own discretion to agree any contract with the Contractor.

9.4  Repayment where applicant is not entitled to grant

If an application for assistance is approved but it subsequently appears to the Council that the applicant (or, in the case of a joint application, any of the applicants) was not, at the time of the application was approved, entitled to assistance of that description no payment shall be made or, as the case may be, no further instalments shall be paid, and the Council may demand that any payments that have already been made be repaid immediately, together with interest from the date on which they were paid until repayment, at such reasonable rates as the Council may determine.

9.5  Conditions of Repayment of Assistance

If the applicant is an owner of the dwelling to which the application relates and ceases to be the owner before the works are completed he shall repay to the Council on demand the amount of any assistance that has been paid.

If the applicant is an owner of the dwelling(s) to which the application relates and ceases to be the owner within 5 years from the date the works were completed he shall repay to the Council on demand the amount of assistance that has been paid.

If the applicant is an owner of the dwelling(s) to which the application relates and, having undertaken to let the dwelling(s) as part of the application and ceases to let the dwelling(s) in accordance with his undertaking within 5 years from the date the works were completed he shall repay to the Council on demand the amount of assistance that has been paid.

Where the Council have the right to demand repayment but there are extenuating circumstances they may determine not to demand repayment or to demand a lesser amount.

The Council may specify the type of assistance to which the condition of repayment will not apply, and may vary the period during which the condition will apply.

9.6  Death of an Applicant

In the event of the death of the applicant before the date of approval of the grant the application will be treated as withdrawn and all ancillary costs incurred prior to the date will be borne by the Council.

In the event of the death of the applicant after the date of approval of the grant or during the course of the works, the works may continue to completion or be made good at the discretion of the Council and the costs o any such works and ancillary costs will be borne in accordance with the Terms of the Grant Approval.

In the event of the death of the applicant after the completion of the works the Council will seek repayment from the deceased person’s estate if disposal by sale or a change of tenure takes place within the period outlined in Conditions 13b and 13c above.

9.7  Additional Conditions

Where the Council approves an application for assistance they may impose additional conditions which, may include but are not restricted to:

1. the applicant making a contribution toward the assisted
2. the right of the Council to nominate Tenants to the living accommodation
3. the right of the Council to recover specialised equipment when no longer needed
4. the appointment of managing agents to let the living accommodation
5. living accommodation being maintained in repair after the assisted works have been completed

Breach of any of these additional conditions shall give the Council the right to demand repayment of the assistance.

9.8  Security for Assistance

Any condition above, which creates a liability to repay the assistance shall be a local land charge.

The ability to repay any assistance may be discharged at any time by paying to the Council a sum equal to the amount of the assistance or such lesser sum as the Council may agree.

9.9  Mandatory Disabled Facilities Grants

Applications for Mandatory Disabled Facilities Grants will continue to be subject to the provisions contained within the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Regulatory Reform (Housing Assistance) (England and Wales) Order 2001).

In exceptional circumstances, the Council will consider an application that falls outside this policy.

9.10  Interpretation and Definition

"living accommodation" has the same definition as "dwelling" and means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.

"mobile home" has the same definition as "park home" and means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by Section 12(2) of the Caravan Sites Act 1968) which –

is stationed on land forming part of a protected site within the meaning of the Mobile Homes Act 1983;

and:

is occupied under an agreement to which that Act applies or under a gratuitous licence; and

is a dwelling for the purpose of Part 1 of the Local Government Finance Act 1992 (Council Tax),

and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.

‘owners interest" in relation to any premises, means –

an estate in fee simple absolute in possession, or

a term in years of absolute of which not less than five years remain unexpired at the date of the application,

whether held by the applicant alone or jointly by others.

"test of financial resources" – means a method of calculating a person’s realistic ability to make a contribution towards the cost of works to a property.

"Registered Social Landlords" has the same meaning as in Part 1 of the Housing Act 1996.

"Date of certificate of completion" means the date on which all necessary documentation relating to the financial assistance has been received and "deemed complete" by the local authority following the completion of all works covered by the application.

"Extenuating circumstances" in relation to repayment of assistance may include, but are not restricted to, the following:

• where the Council is satisfied that the owner of the property is elderly or infirm, and disposing of the property in order to move to accommodation which is more suitable for their needs

• where the disposal is to provide an annuity income and the person concerned is entitled to continue to occupy the premises as his only or main residence

• where a person inherits a property under a will or intestacy, provided that occupancy and other conditions remain in force for the remainder of the condition period

• where the property is disposed of, by a conveyance of the freehold or an assignment of the lease, to a family member of the person receiving the assistance

• where a property adjustment order or order for the sale of the property has been made in connection with matrimonial proceedings.

Complaints or comments about this policy.

We welcome any queries, complaints or suggestions. You should set out any such comments in writing to Housing and Community Regeneration Manager, The Guildhall, Frankwell Quay, Shrewsbury, SY3 8HQ.

All comments will be considered and a written reply sent.