Appendices
AppendicesAppendix 1: Legislation and funding used to deliver this policy
The legislation that the Council uses to deliver this policy includes:
i) The Housing Grants, Construction and Regeneration Act 1996: requires Councils to provide for statutory Disabled Facilities Grants (DTFG), which are financial grants to help with the cost of adapting a property to meet the needs of a disabled occupant. If an applicant meets the criteria, the Council is required to provide a grant – this is called a Mandatory DFG.
ii) The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (RRO) - provides local authorities with the power to provide assistance to residents; for the purpose of improving living conditions so homes are safe to live in. This includes the use of DFG funding to support strategic priorities which integrate health, wellbeing and housing, for the benefit of local people. This policy sets out how the Council will provide assistance, using the powers of the RRO.
iii) Funding made under the RRO provisions is discretionary. This means that as an applicant you are not guaranteed funds. If there is not enough money available to the Council, it may withdraw or suspend discretionary assistance until further funds are available. This will not normally happen until 90% of the year’s funding has been allocated.
iv) The Care Act 2014 ensures that the focus of the provision of care and support starts with the individual and their needs, and their chosen goals or outcomes. Its underpinning precept is that the core purpose of adult care and support is to help people achieve the outcomes that matter to them in their life.
The Care Act recognises the Housing Grants, Construction and Regeneration Act 1996 stands as a provider of housing grants to adapt a person’s homes via a disabled facilities grant.
v) Funding for measures under this policy is provided by Cumberland Council, using resources from the Better Care Fund (in partnership with health). The Council may also use other resources available to it, and may provide additional offers to its residents, as and when funds are available.
Appendix 2: Proofs required to apply for a DFG
Appendix 2: Proofs required to apply for a DFGThe person who needs the adaptations must certify that they intend to live in the property for the next five years.
For tenants, your landlord must consent to the works being carried out and confirm that you are expected to remain in your tenancy for the next five years.
Other proofs required to Apply for a Mandatory DFG:
i) Completed application form.
ii) Proof of ownership of the property (e.g. land title), or of right to reside (e.g. tenancy).
iii) Recommendation from an appropriate professional that the works are necessary and appropriate for your needs – this is usually from one of the Council’s Occupational Therapists (OTs), but may be from a private OT, an Occupation Therapy Assistant (OTA) or a Rehabilitation Officer.
iv) Quotations – one quotation if works are estimated at under £10,000, two quotations where works are above £10,00. These must be from two different contractors/suppliers, detailing all work.
v) Details of any other fees, such as for architects.
vi) Completed Test of Resources Form (means test) with required supporting information e.g. proof of benefits or savings.
If you are using Cumberland Home Improvement Agency, we will support you in completing the necessary paperwork.
Appendix 3: Eligible works for DFG
Appendix 3: Eligible works for DFGThe eligible works are laid out in the Housing Grants, Construction and Regeneration Act 1996 and include:
- improving access to the home and to principal rooms within the home
- making the dwelling safe for use by the disabled person
- providing washing, toilet and cooking facilities where necessary
- improving or providing heating
- adapting controls to power, light and heating to make them easier to use
The works must be considered necessary and appropriate to address the applicant’s disability and be both reasonable and practicable to achieve, having regard to the age and condition of the property.
For households who need to move to a more suitable home, reasonable expenses can be paid, including:
- costs of moving: home removals and utilities connections
- floor and window coverings for the new home
- other fees associated with moving home, including estate agents’ fees
- adaptations to the new home
A moving home grant can be made as a mandatory DFG. Tenants are eligible as well as homeowners, although for tenants of a Registered Social Landlord (Housing Association), the landlord should be asked to help find a suitable alternative property and to assist with costs.
Appendix 4: List of passporting benefits
Appendix 4: List of passporting benefitsMeans-tested welfare benefits that can be used to demonstrate eligibility for means-tested assistance under this policy include:
- Universal Credit (UC)
- Income Support (IS)
- Income-based Jobseeker's Allowance (JSA)
- Income-related Employment and Support Allowance (ESA)
- Child Tax Credit (CTC)
- Working Tax Credit (WTC)
- Pension Credit (income related)
- Housing Benefit
Other means-tested benefits may also demonstrate eligibility: please contact the Cumberland Home Improvement Agency for the most up to date information.
This list is current as of March 2025.
Appendix 5: Deferred payment loans for Top Up Grants
Appendix 5: Deferred payment loans for Top Up GrantsDeferred Payment Loans will be offered to provide additional funding for Disabled Facilities, or for essential Home Repairs and Improvements under this policy.
Applicants must be an owner-occupier of the dwelling to which the application applies. Where the property is owned by more than one person, all owners of the property must be an applicant.
No interest will be charged.
The deferred payment amount will be registered as a legal charge with the Land Registry. This charge will be subsidiary to any charge placed for a mortgage, but will require the consent of your mortgage lender and any costs associated with this will need to be borne by the applicant.
Applicants must allow the Council to take whatever steps it considers appropriate to verify the application, this includes (but is not limited to) a valuation of the property and verification of the identity and ownership of the applicant. Any third party costs associated with this verification will be the cost of the applicant and will be communicated to the applicant ahead of the cost being incurred.
The council will not approve an application if the relevant works have been started before the application is approved.
The council is required to ensure all applicants have the appropriate information when deciding to accept this type of assistance and the legal obligations it creates and should not offer the assistance where the council is not satisfied of this criteria. This type of assistance requires you enter into a legally binding agreement with the council and you may want to take your own independent legal advice.
The payment is repayable on sale or transfer of ownership of the property, or if the property is left vacant for six months or more. The Council may, at its discretion waive, reduce or defer its demand for repayment in exceptional circumstances for example:
- the applicant has died and the property has transferred to their partner who was not registered as a join owner, continues to live there. Where joint ownership exists both parties would need to agree to the charge being placed on the property.
- the applicant has moved to a residential or nursing care home, and funds are required to pay for care
Decisions to defer or waive repayment are at the Council’s discretion and are taken by the Assistant Director on a case-by-case basis. The AD will be required to set out the reasons for their decision. Any appeals will be considered by the relevant council Director based on a case summary reviewing their circumstances, the relevant legislation and the rationale for the original decision.