Legal context
Housing Assistance may be offered in accordance with the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 with the underlying legislation governing the provision of mandatory Disabled Facilities Grants (DFG) covered by the 1996 Housing Grants, Construction and Regeneration Act. This enables the council to use its discretionary powers to make better use of its limited resources.
The Housing Act 2004 introduced the Housing Health and Safety Rating System (HHSRS) as a way of measuring Decent Homes and imposed a duty upon the council to act where Category 1 hazards as identified under HHSRS are present in a dwelling.
In 2006 the Department for Local Government and Communities published the standard for Decent Homes determining that a property must meet the current statutory minimum standard for housing, it must be in a reasonable state of repair, it must have reasonably modern facilities and services and it must provide a reasonable degree of thermal comfort.
The Housing Grants, Construction and Regeneration Act 1996: Part 1 as amended by the Disabled Facilities Grant Order 2008 states that the local authority has a statutory duty to provide adaptations to homes for disabled people. Funding for these adaptations is provided through DFG.
The Care Act 2014 states that local authorities must provide or arrange services, resources or facilities that maximise independence.
In 2015 the Government announced a spending programme through the Better Care Fund (a pooled health and social care budget) which significantly increased DFG allocation to Housing Authorities, initially leading up to 2020 but this has continued beyond that date and is forecast to continue. In providing the additional DFG funding the government has encouraged a more integrated approach to improve outcomes across health, social care and housing using a more joined up approach to working.
This additional funding provides an opportunity for housing authorities to determine new housing assistance policies to introduce a wider range of discretionary assistance designed to meet the needs of disabled, older, and vulnerable local residents. The Policy was amended in August 2017 to reflect this.
A customer defined by the 1996 Act as a person with a disability, is eligible for assistance. Disabilities include substantial impairments in:
- sight, hearing, or speech
- any ‘mental disorder or impairment’
- any substantial physical disability whether from birth or through illness or injury
- Registerable under the National Assistance Act 1948 (Adults)
- A disabled child under Part III of the Children Act 1989
DFGs are mandatory grants which are available to eligible disabled people for works which are necessary and appropriate to meet their needs, and when it is considered reasonable and practicable to carry out the works when having regard to the age or condition of the dwelling or building.