Appendix 5: Deferred payment loans for Top Up Grants

Deferred 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.