Restrictions

There will be instances where it will not be possible to help, or funding may be reduced or reclaimed due to certain criteria. These are listed below:

1. Where ownership of the property is disputed.
2. Where the owner(s) has a statutory duty to carry out the necessary works and it is reasonable in the circumstances for them to do so.
3. Where the residence is not regarded as permanent.
4. No assistance will normally be given for work started before formal approval of an application, except that:
   1. We may in exceptional circumstances exempt an application from this condition for example where a defect may present a serious risk to health and safety.
   2. We may, with your consent, treat the application as varied so exclude any works that have been started before approval.
5. Grant assistance will not normally be provided for works covered by insurance. Where, before an assistance grant is approved it is found that an applicant can make an insurance claim, the insurance company will be requested to confirm in writing the level of their liability, if any. The level of assistance will be reduced by an amount equivalent to the insurance company’s liability. Where assistance is approved, a condition will be imposed requiring the applicant to pursue any relevant claim against an insurance company or third party for.
   1. Claims for personal injuries where the works are required under a Mandatory DFG. 
   2. Claims on the applicant’s property insurance or on a third party where the application is in respect of works for which financial assistance has been given. Then the applicant will be required to repay the financial assistance provided out of the proceeds of such a claim. 
6. We will only provide assistance where the age, condition and structural layout of the property have been determined as appropriate, reasonable, and practicable to achieve the scope of works required.
7. We will determine whether prices provided by contractors are value for money. In determining this, we will consider similar jobs priced within the last year. We may liaise with the relevant body or contractor to check the specification and any estimates, as part of the procurement procedure. 
8. If we believe the price for contracts is too high and identify an appropriate lower price, we will advise you that the total eligible assistance will be the lower amount. You are under no obligation to use the lower priced contractor but must be aware that we will only make a grant or assistance payment up to the value of the lower price. 
9. Where you choose to pursue a different scheme or an enhanced scheme of works, we will only provide financial assistance to the value that would satisfy the primary requirement(s) identified by the Occupational Therapy Service or similar service. This is, subject to your preferred scheme also satisfying the primary requirements identified. 
10. We may refuse any application for assistance lacking the required information or documentation.
11. Where you deviate from the scheme of works approved by us, without prior agreement, we may rescind the approval or refuse to make any further payment of assistance. We may also seek to recover any interim assistance payments previously made against the approved scheme. 
12. If you were the owner of the dwelling where the work is being carried out but cease to be the owner before the works are completed, you must repay us on demand the total amount that has been paid. 
13. Where a grant condition imposes a liability to repay the grant, or a part thereof, the condition will be registered by us as a Local Land Charge, which will be payable upon the sale of the property.
14. Where assistance has been approved the works must be completed within 12 months of the approval date, except where an extension of time, not exceeding 6 months has been agreed by us. Where no extension is agreed we may rescind the approval or refuse to make any further payment of assistance. We may also seek to recover any interim assistance payments previously made against the approved scheme.  
15. In the case of common parts of a dwelling, we will only consider assistance for the reasonable sum or proportion of your liability. You must prove a repairing liability for the common parts. 
16. We may, where financial or operational demands dictate, defer payment of a DFG for a period not exceeding 12 months. Any deferment will be detailed in the approval notice. 
17. The provision of Assistance is allowed for caravans and houseboats used as a main residence, subject to meeting other eligibility requirements. Holiday residencies, caravans on holiday sites or sites with restricted occupancy, second homes (as defined by council Revenue’s criteria) and sheds, outbuildings or appurtenances will not qualify for assistance.

We recognise that this policy cannot cover every likely situation and there may be persons who genuinely need some form of urgent support that are precluded from accessing Assistance due to a specific aspect. In these situations, we may consider offering assistance in exceptional circumstances, in particular where support would help us meet our strategic objectives, as determined by the relevant officer.