West Sussex Disabled Facilities Grants 2020-2024

West Sussex Disabled Facilities Grants Policy 2020 - 2024

1.0 Introduction

The Disabled Facilities Grant (DFG) is a mandatory grant, provided under the Housing Grants, Construction and Regeneration Act 1996 (the 96 Act), towards the cost of eligible works necessary to support people of all ages and most tenures (adaptions to council owned housing are provided via a different funding stream) to live independently and safely in their own homes. Local Authorities have a statutory duty to provide DFGs to applicants who qualify. DFGs are 30 years old in 2019 so have existed for a long-time helping people to stay safe and independent at home.

The Care Act 2014 shifted the focus to earlier intervention that offers a more preventative approach to supporting people.

The Districts and Boroughs in West Sussex have come together to agree a single DFG policy which applies across the whole county area. This Policy covers all seven of the District and Borough Councils in West Sussex which are referred to as ‘the Councils’ throughout the document.

The principle of the service for residents across West Sussex is to ‘help me live in my own home, easily and with dignity with the right adaptation when I need it.’

This policy is in two parts:

Mandatory Disabled Facilities Grants - sets out the mandatory legal framework for DFGs in accordance with the 96 Act including eligibility criteria and the prescribed means test assessment.

Discretionary DFGs – sets out the Councils’ policy to provide discretionary interventions to promote independent living and wellbeing. The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (RRO) and latterly the Better Care Fund enable Councils to support the wider prevention agenda of housing, social care, and health authorities.

1.1 General Expectations

The Councils’ decision making will take into account the following specific expectations and presumptions:

Grant works should properly and fully meet the assessed needs of the client. Grants that only partially meet those needs will only be considered in exceptional cases.

Works funded by means of DFG will be the simplest and most cost-effective adaptations that will meet the client’s assessed needs. This will include ‘making-good’ any works, such as painting or adapting floor coverings to disturbed areas.

Wherever the Councils judge it to be a practicable and realistic option, the re-ordering and/or change of use of existing rooms will be the preferred solution and will take precedence over the construction of extensions.

Applications for grant aided work may be considered on a case-by-case basis where relevant works have started but not been completed.

Applications for a grant cannot be approved if the relevant works have been completed.

2.0 Mandatory Disabled Facilities Grants

• - facilitate access by the disabled occupant to, from and within the dwelling (for the purpose of this grant a dwelling includes mobile homes and houseboats).
• - provide essential facilities and amenities within the dwelling; and
• - facilitate access to and from a garden by a disabled occupant or making access to a garden safe for a disabled occupant.

Mandatory grants are available for people who are disabled and meet the criteria set out in s100 of the Housing Grants, Construction and Regeneration Act 1996 Act and for eligible works that includes the following:

A full list of grant eligible works is available upon request to the appropriate council.

2.1 Eligibility

All owner-occupiers and tenants, licensees or occupiers meeting the statutory criteria & financial assessment set out in the Housing Grants Construction and Regeneration Act 1996 are eligible for DFGs.  Applications must be supported by West Sussex County Council.

The Councils work closely with Housing Associations to deliver adaptations and whilst they are expected to build funding into their business plans there is a statutory duty for Councils to approve DFG’s across all tenures except Council owned accommodation held within the Housing Revenue Account.

The Councils will therefore work with the Housing Associations in their area to develop robust and equitable funding agreements.

Adaptations for residents in council owned accommodation in Crawley, Arun and Adur Councils are undertaken via a separate budget and a different route. Please contact the relevant council for further information.

2.2 Application

In order for the Councils to consider awarding a DFG, a valid application must have been received.  Such an application consists of:

• - A completed application form.
• - For works estimated at £10,000 or over a minimum of two written quotes from two different contractors/suppliers detailing particulars of all relevant eligible works or
• - For works estimated at under £10,000 a minimum of one written quote.
• - A recommendation from an appropriately qualified professional for example an Occupational Therapist (OT), Occupational Therapy Assistant (OTA) or Rehabilitation Officer for Visual Impairment detailing the relevant works.
• - Details of passported benefits and/or information necessary to apply the test of resources (means test).
• - Details of any fees or charges, e.g. architect’s or agent’s fees.
• - Certificate of Future Occupation (normally 5 years).
• - Proof of Title (e.g. from the Land Registry).
• Owners Consent
• - Freeholders consent
• - A Tenant’s Certificate
• - A Certificate of Intended Letting
• - An Owner’s Certificate of occupation

Requests for straightforward adaptations for works up to £30,000 can also be made via the ‘Simple Referral Form’ (see appendix 5.3).

The DFG legislation requires that all valid and completed grant applications are to be determined no later than six months after a completed application is received by the Councils.  The legislation also allows that the Councils may exercise their discretion to determine that grant monies will not be paid before a specified date (which cannot be later than 12 months after the date of application).

All the Councils in West Sussex aim to assess applications and make decisions well in advance of the statutory timescales.

2.3 Estimated Expenses

The amount which is potentially grant fundable is estimated by considering the following:

• - Which of the relevant works are eligible for grant funding (the grant eligible works).
• - The amount of the expenses to be properly incurred in the execution of the eligible works.
• - The quote or the lowest quote that meets the specification will be the one approved. The grant applicant may select a higher value quote provided they are willing and able to pay the difference between their preferred contractor’s quote and the lowest, and that the works meet the applicants assessed needs.
• - Costs attributable in relation to grant works, i.e. fees and charges.
• - Extended warranties for lifts, wash-dry toilets, automatic doors etc.
• - The grant is means tested and the amount of grant paid will be determined by a ‘test of resources’ which determines the applicant’s financial contribution to the works.
• - For the mandatory disabled facility grant, the relevant person is the subject of the means test.
• - The relevant person is the person who will benefit from the proposed grant eligible works.

The mandatory grant will not exceed £30,000.

Applicants who have a financial contribution to make (following the financial means test) towards the cost of the works, may be able to apply for further financial assistance under the councils Discretionary Grants (see Section 3).

Applications in respect of dependant disabled children and young people under the age of 19 are exempt from the financial means test.

2.4 Commencement of Works

Work cannot commence before the grant is approved. Any works that started before grant is approved may not be grant aided.

2.5 Minor works, repairs, cleaning and clearing.

If an adaptation (minor works or repair) is expected to cost below the relevant threshold (£1,500 from October 2019) it will be considered to be a Minor Adaptation and West Sussex County Council will arrange for the works to be completed.

If the works are for cleaning and clearing and not expected to cost more than the relevant threshold (£2,500 from October 2019) West Sussex County Council will arrange for the works to be completed.

2.6 Payment of Grant

Grant payments will be made when the grant eligible works are completed satisfactorily and on receipt of the contractor’s (or in the case of materials, supplier’s) invoice. Council Officers may inspect the grant works during their progress and are able to make interim payments where appropriate.

Grant monies are actually legally awarded to the applicant, and it is they who are technically responsible for paying their contractors. However, it is common practice for most grant applicants to request that payments are made directly to the contractor or agent.

It is important to note that the Councils’ Officers act on behalf of the Councils to ensure public funds are spent correctly and value for money is achieved.  Applicants will be made aware that Officers cannot act on their behalf. There are therefore no guarantees as to the quality of workmanship and any disputes arising between applicants and their contractors are the applicant’s responsibility.

2.7 Conditions of Grant

The grant eligible works must be undertaken by the contractor(s) who provided the approved estimate(s) included in the application. Prior permission shall be obtained in writing from the Councils by the applicant before any change in contractor takes place. The use of a different contractor to one included in the application without permission may result in cancellation of the grant and/or repayment by the relevant person.

A grant approval can be re-determined where the eligible works cannot be completed without carrying out unforeseen further works.

Unforeseen works can only be considered for grant funding by the Councils where work has not started prior to being agreed as ‘unforeseen work’ by the Councils.

If applicants are required to contribute to the grant, this must be paid and satisfactory evidence provided that payment has been made, i.e. a signed and dated receipt, before the Councils will make any grant payment.

Where additional works are taking place in addition to grant aided works, but which are not grant aided (e.g. via a preferred/alternative scheme) and are being funded by the applicant, these works must be completed and paid for by the applicant before any grant payment is released regarding the grant eligible works.

Grant eligible works must meet all the professional recommendations regarding the disabled person and any notional / alternative scheme must have the prior written agreement of the recommending professional before grant funding is approved.

In the event of a breach of any of the conditions set by the Councils, repayment may be demanded from the applicant/owner/occupier/landlord/trustee/beneficiary (whichever is appropriate) in a sum up to or equal to the amount of the grant paid or any interim payment made.  Councils have the discretion either not to demand repayment, or to require payment of less than the full amount.

2.8 Local Land Charge

A Local Land Charge will be placed on the owner occupier’s adapted property where the DFG exceeds £5,000. The land charge will be limited to a maximum of £10,000 (mandatory scheme- statutory limit).  The Charge will be incurred if the property is sold within 10 years (subject to the consideration of certain criteria by the councils).

The DFG will be registered as a Local Land Charge and will be enforced when the applicant has disposed (whether by sale, assignment, transfer or otherwise) of the premises in respect of which the grant was given. In this event the Councils may require repayment of the land charge before being removed from the local Land Charges Register.

The applicant is required, from the certified date throughout the grant condition period of 10 years, to notify the relevant Council of their intention to sell or otherwise dispose of the property.  The applicant will need to provide the Council with any information reasonably requested by them in connection with such notification.

2.9 Agents

All applicants are encouraged, though this is not a mandatory requirement, to enlist the services of an agent/architect/architectural technician/surveyor to assist them in the process of application where the adaptation involves significant building alterations, complex or non-standard works. Fees incurred for such services are eligible for grant funding subject to the maximum amount of grant funding allowed

2.10 Additional mandatory grant features

2.10.1 Extended warranties for lifts, wash/dry toilets etc (M1 on the policy summary Appendix 5.3) A five-year warranty and servicing contract to be provided for all relevant adaptations and equipment (lifts, wash dry toilets, automatic doors etc) for private tenants and owners.  Housing Associations are expected to take on the responsibility for repairs, servicing, and maintenance after the expiry of the manufacturer’s one year warranty. One written quote is required for grant eligible works estimated at under £10,000 unless they are particularly complex/non-standard. A minimum of two written quotes are required for grant eligible works of £10,000 or over.

2.10.3  Consultation with the ‘welfare authority’ (West Sussex County Council) (M3) The Councils will consult with WSCC via email to advise that a referral has been received from other than a WSCC referrer giving a 14 calendar day period for any response or comments.

2.10.4  Simple DFG referrals (M4) A revised and reduced process is in place for simple and straightforward requests up to £30,000 for example stair lifts, level access showers, ramps. These requests are made on a simplified form (see appendix 5.4).

3.0 Discretionary Disabled Facilities Grants

Discretionary grants are subject to funds being available and mandatory grants will be prioritised first.  It is important to note that discretionary funding will only be available for eligible works,

Discretionary provision will be reviewed annually or to fit with the cycle of funding allocations. Given the unpredictable nature of the demand, costs, and funding of these applications it is important to note that any discretionary DFG grant may be withdrawn by the Councils at any time.

The discretionary policy elements are:

3.2.1 Partial Waiver of up to £5,000 contribution following the Means Test (D1 on the policy summary Appendix 5.3). The first £5,000 of an assessed contribution will be waived and the applicant will not be required to fund this portion of the contribution towards the works.

3.2.2 Help with assessed contribution following the means test (D2) This grant is specifically intended where there are particular difficulties or exceptional circumstances for the applicant/relevant person to pay the assessed contribution following a means test and genuine impact and hardship would be caused. All applicants will be given the opportunity to complete a financial statement of their exceptional outgoings which must be directly linked to the applicant’s or their child’s disability. Such expenditure may include for example care costs, the need to fund overnight accommodation to support a child in hospital, transport to treatment etc.

The Councils will consider the exceptional disability related expenses on a case-by-case basis. The assessment is about the impact and hardship created by the need to spend resources on these areas. The Scope report ‘Disability Price Tag’ 2019 provides a helpful insight and guidance on the additional expenditure and its impact for disabled people.

3.2.3 Funding in excess of the statutory maximum mandatory grant of £30,000 also known as top up grant (D3) This grant is intended to assist in cases where a major adaptation has been identified as essential to meet the needs of the disabled person and once all other options such as moving home have been considered.

The grant is a maximum of £30,000 per property.

For this discretionary element, the financial means test will be on the owner or tenant of the property irrespective of whether they are considered the relevant person for the purposes of the mandatory Disabled Facility Grant application. A local land charge for the full amount will be placed on the owner-occupied property for up to a ten year period in addition to any mandatory grant local land charge (see section 2.8 above).

See also Appendix 5.3 Policy Summary document for more information on which grants are subject to a local land charge.

3.2.4 Moving Home Grant (D4) In some cases, moving home is more appropriate and cost effective to meet the needs of a disabled occupant, where it is not reasonable or practicable to adapt the existing home or where there is under or over occupation of the home.

A maximum of £10,000 will be considered at the Council’s discretion. The alternative property must either be already adapted or be adaptable at a reasonable cost.  The grant can be used towards the expenses involved in moving home for example estate agent’s fees, solicitor’s fees, stamp duty, removal costs, disconnection, and reconnection costs etc. Supporting quotes and/or invoices will be required, and the grant can only be paid once the applicant has exchanged contracts with a legally binding completion date.

The grant is not subject to the means test (test of resources).

The proposed property must be confirmed as suitable by the relevant council’s private sector/housing standards team and be assessed to meet (or more easily adaptable) the needs of the disabled person or child by an appropriately qualified professional eg a West Sussex County Council OT.

3.2.5 Hospital Discharge Grants (D5) This grant of up to £3,000 is for disabled and vulnerable people being discharged home from hospital, rehab or step-down beds and to prevent re-admission (or admission) to hospital/rehab/step down bds. Eligibility applies for up to a month after discharge. The Hospital Discharge Grant is not means tested. The Hospital Discharge grant excludes people funded by NHS continuing healthcare.

Works can include anything reasonable which would allow the person to return home/stay at home.

NB please see section 2.5 Minor Works, repairs, cleaning and clearing services.

3.2.6 Abortive Fees Grant (D6) A grant to cover reasonable professional fees and associated charges were engaged to advise on what works are required and specialist technical e.g. structural engineer, surveyor to determine whether a DFG project is feasible. Fees are paid as part of the DFG if the works go ahead or paid via this abortive fee grant if the work cannot proceed.

It should be noted that the Abortive Fees Grant may not be approved where the councils determine that the applicant has engaged the professional / specialist involved and then cancelled the works without justifiable cause.

Applicants cannot make more than one application for an Abortive Fees Grant in respect of the same grant eligible works.

3.2.7 Safe, Suitable and Warm Grant (D7) A grant to assist disabled people including those with a dementia or a visual impairment to make changes to their home environment which supports them to live independently for longer and with reduced risks. Also includes palliative/end of life situations.

NB please see section 2.5 Minor Works, repairs, cleaning and clearing services.

3.2.8 Council Tax Reduction to be considered a passported benefit (D8) Council tax reduction benefit will be considered as a passported benefit for the purposes of the financial means test under a discretionary DFG scheme.

4.0 General points

4.1 Exceptions and delegated authority

This policy is not intended to fetter the discretion of any of the Councils. No policy can cover all circumstances and therefore each Council has the authority to deal with applications not meeting the requirements of the above policy and criteria. Grants outside of those set out above can be awarded at the discretion of the relevant Council’s Director/Head of Service Delivery. Such an award will only be made subject to the provision of the Regulatory Reform (Housing Assistance) England and Wales Order 2002 and subsequent guidance.

This delegation may also include authorisation for housing as an alternative or partnership solution.

4.2 Complaints procedure

In the event that an applicant for a DFG whether mandatory or discretionary has cause for dissatisfaction with a service or decision they will directed to follow the relevant Council’s formal complaints procedure.

4.3 Grant funding or part funding repaid by applicants

Any grant monies repaid by applicants to the Councils for whatever reason (eg breach of grant conditions, ceasing occupation etc) will be paid into the DFG fund from which they originated in order that the funding can be recycled via further DFGs to other residents in need.

4.4 Equipment and minor adaptations first

The general principle is that equipment or a minor adaptation is tried first to assess whether it will meet the resident’s needs prior to application for a DFG. This will help to manage the demands made on the DFG budget.

4.5 Accessible kitchens

Specialist or non-standard integrated hobs and ovens can be included as part of the DFG and grant funded works if they are assessed as being an essential part of the adaptation to meet the resident’s needs.

4.6  Review of policy

The policy will be reviewed annually or as a consequence of changes to funding levels or the cycle of funding allocations.

The relevant officer for each of the Councils (Director or Head of Service level) will have delegated authority to make changes and amendments to the policy as agreed by the DFG Steering Group and/or the West Sussex Chief Executives Board.

5.0 Appendix

5.1 Appendix

Research papers, Reference and Background docs, Legislation etc

Housing Grants, Construction and Regeneration Act 1996

Regulatory Reform order 2002 (Housing Assistance) (England and Wales)

Chronically Sick and Disabled Persons Act 1970

Care Act 2014

Equality Act 2010

HM Government - Advancing our Health Prevention in the 2020s (green paper) - July 2019

Scope - The Disability Price Tag 2019 Policy Report - 2019

MHCLG Integration and Better Care Fund DFG capital determination - 2019 – 2020 [31/3710]

Integration and Better Care Fund –How to understand and measure impact - August 2019

Better Care Support programme Integration and Better Care Fund - reducing delayed transfer of care: why not home? Why not today? series - 2019

University of West of England for MHCLG/DHSC – Disabled Facilities Grants and other adaptations – External Review - 2018

The All Party Parliamentary Group – enquiry into decent and accessible homes for older people - 2019

RCOT and Housing LIN - Adaptations without Delay - 2019

Foundations – Preparing a Policy under the Regulatory Reform order 2002 Housing renewal - Dec 2016

HMCLG/DHSC - Better Care Fund 2019/20 policy framework - 2019

MDPI and Association for Dementia Studies – making homes more dementia-friendly through the use of Aids and Adaptations - 2019

House of Commons Library briefing paper – social care: forthcoming Green paper - 2019

British Red Cross – Home to the Unknown getting hospital discharge right - 2019

West Sussex Health and Wellbeing Board – Start Well, Live well, Age well Joint health and wellbeing strategy - 2019–2024

Centre for Ageing Better - North Norfolk District Councils in house home improvement agency – partnership approach to facilitate rapid and safe hospital discharge arrangements through HIAs - 2018

Centre for Ageing Better and University of West of England  -  The role of adaptations in improving later life - November 2017

Public Health England – A Return on Investment Tool for the Assessment of Falls Prevention for Older People Living in the Community - 2018

NHS Long Term Plan - 2018

Equality and Human Rights Commission and Habinteg  - Housing and disabled people : A toolkit for local authorities in England: Adaptations - October 2018

District Council Network and LGA – Shaping healthy places: Exploring the district Council role in health - 2019

Housing LIN case study 155 – A Strength based approach to delivering the Disabled Facilities Grant – Thurrock Council - August 2019

Improving Health and Care through the home: A National memorandum of understanding - 2018

Oxfordshire Councils Home adaptations Guide to bringing independence to people with disabilities in privately owned or rented housing - December 2017

Eastbourne and Lewes DFG Policy - Feb 2019

Brighton and Hove City Council  - Disabled Facilities Grant Housing Policy  - 2017-2020

Hertfordshire Shared Home Improvement Agency - 2016

WSCC - Developing Compassionate communities approach to end of life care – workshop notes - July 2019

Wellbeing at Home: a study of the process and outcomes of home adaptations and reflections for future practice.. Archadia RIBA Practice - Oct 2019

Description of terms

DFG  -  Disabled Facilities Grant

BCF -  Better Care Fund

WSCC -  West Sussex County Council

Appropriately qualified professional - for example an Occupational Therapist, Occupational Therapy  Assistant, Rehabilitation Officer for Visually Impaired

Passported benefits -  A group of means tested benefits which automatically quality an applicant for a DFG

Necessary and appropriate -  the assessment of needs, and the remedies to meet those needs, made by a qualified person such as an OT or OTA or a trusted assessor

Appropriate: ‘that the work will meet your needs in the most effective way’

Necessary: ‘that the work is only for what you will need to assist you’

Reasonable and practical: the assessment of the property, and works requested, made by the District or Borough officer

Reasonable: ‘that the work will meet your needs in the most cost effective way’

Practicable: ‘that the work is able to be done, and does not damage or stop you from using other parts of the building’.

Appendix 5.2

West Sussex Disabled Facilities Grant  Policy 2020 – 2024: Summary

Purpose of project…… to help me to live in my own home – easily and with dignity with the right adaptation when I need it.

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To apply for the disabled facilities grant please use the online application form.

Disabled Facilities Grant Application Form

For any queries, please contact our team on 01403 215100 or by emailing publichealth.licencing@horsham.gov.uk