Appendix 1: Legislation

Appendices Appendix 1: Legislation

Below is a list of legislation relevant to this Policy. The list does not cover the full range of legislation to be considered when dealing with a DFG but is limited to the legislation relevant to the financial support.  Local Government Housing Act 1989  The Housing Grants Construction & Regeneration Act 1996,  Regulatory Reform (Housing Assistance)(England & Wales) Order 2002 (RRO)  The Care Act 2014,  The Equality Act 2010

The Housing Grants, Construction and Regeneration Act 1996; sets out the legislative framework governing Disabled Facilities Grant (DFG). The Act sets out the definitions of those who qualify, by reason of disability, for assistance in carrying out adaptations to homes through a Disabled Facilities Grant (DFG). Work that is not eligible for mandatory DFG will not generally be recommended. The obligation to provide DFGs to eligible applicants for eligible work (subject to the test of the applicant’s resources) is primary, absolute and remains irrespective of whether other assistance is provided by a social services authority or other body. The duty is not dependent upon resources however the Council will have regard to resources and will discharge the duty in the most economic and efficient way.

Part 1 Section 23 contains provisions relating to purposes for which a disabled facilities grant (DFG) must or may be given. For detail please see Appendix 5. Section 24 contains provisions relating to the approval of applications for a disabled facilities grant. Prior to approving a DFG local authorities must satisfy themselves that the relevant works are necessary and appropriate to meet the needs of the disabled occupant and that it is reasonable and practicable to carry out the relevant works. Please see guidance in Appendix 4 on what matters are to be taken into account when considering whether relevant works are necessary, appropriate, reasonable and practicable.

The Chronically Sick and Disabled Persons Act 1970 (CS&DP Act 1970); The CSDPA creates a statutory duty for the local authority (LA) to provide assistance where it has assessed and is satisfied there is a need and that assistance is necessary. The provision can include assistance in arranging for the carrying out of any works of adaptation in the home or the provision of any additional facilities designed to secure safety, comfort or convenience. The duty to provide assistance is not dependent upon resources however the Council will have regard to resources and will discharge the duty in the most economic and efficient way.

The Housing Renewal Grants Regulations 1996 and subsequent amendments Contains provisions relating to the definition and determination of the relevant person for the purpose of eligibility for disabled facilities grant and sets out the means test for owner occupiers and tenants.

The Regulatory Reform (Housing Assistance) (England & Wales) Order 2002 – (RRO) This Order confers upon local authorities a new power to improve living conditions and enables an authority to provide assistance for a range of measures including the adaptation and provision of alternative living accommodation. This can be in any form, (e.g. grant, loan or equity release). The financial assistance can also be provided indirectly to the disabled person through a third party. There is no restriction on the amount of assistance that may be given. Discretionary assistance may be given in addition, or as an alternative to mandatory DFG.

Office of the Deputy Prime Minister Circular 05/2003 This circular provides guidance to local authorities on the use of the powers contained in The Regulatory Reform Order (Housing Assistance) (England & Wales) Order 2002. Appendix 2: Guidance

 Department of Communities & Local Government, Department for education and skills, Department of health (2006) Delivering housing adaptations for disabled people: A good practice guide. London DCLG  Home Adaptations for Disabled People, a detailed guide to related legislation, guidance and good practice, 2013  BCF Taskforce (2014) Better care fund policy framework. London; DH, DCLG.  Evidence Summary: making best use of the Better care Fund Spending to Save? London: King’s Fund (2014)  Department of Health (2014) Care & Support Statutory Guidance: issued under the Care Act 2014  Scottish Government (December 2009) Guidance on the provision of equipment & adaptations  Home Adaptations: The Care Act 2014 and related provision across the United Kingdom, Michael Mandelstan  Making a House a Home: Local Authorities & Disabled Adaptations, Local Ombudsman report (March 2016)  Safeguarding Disabled Children – Practice Guidance (2009),  Working Together to Safeguard Children - A guide to inter-agency work safeguard & promotes the welfare of children (2010)) also informs practice in respect of our duty to safeguard and promote the welfare of children and young people.  Housing health and safety rating system (HHSRS) enforcement guidance: housing inspections and assessment of hazards DCLG February 2006

Appendix 3a - Range of Financial Assistance (Detailed criteria can be found in Appendix 3b)

Mandatory Disabled Facilities Grant (DFG)

Major adaptations (over £1,000) require more extensive work and complex work and are funded via a Disabled Facilities Grant (DFG) or in the case of CH Ltd tenant applications by CH Ltd. Examples include the following: stairlifts, wet rooms, through floor lifts, kitchen conversions and access alterations. The Council/CHL has an obligation to deliver adaptations that are required to the extent that they are necessary and appropriate to achieve any of the purposes set out in Section 23 (1) of the Housing Grants Construction & Regeneration Act 1996. Officers will identify what works are necessary and for which financial support is fully justified. Major adaptations will only be considered if there is an identified need which cannot be met by equipment or a minor adaptation. Where a major adaptation is to be provided, adaptations that can be recycled such as straight stair lifts and modular ramping will be considered in the first instance to offer value for money. However each case will be considered on its merits. Work must be carried out within 12 months of the date a DFG is approved. CHS will allow further time for work to be completed if it is satisfied work cannot or could not be carried out within the time allowed.

Payment of grant will be either in full once work has been completed or by instalments as work progresses and the balance once work has been completed. Instalments will only be paid for up to 90% of the grant amount until work has been completed.

Discretionary Disabled Facilities Grant The maximum statutory grant for a DFG is £30,000 but in some cases the cost of work exceeds this amount. In other cases an applicant has a contribution towards the cost of the work but find it difficult to fund the work. The Council does not have a duty to assist in meeting any shortfall between the maximum grant and the cost of work or assisting with an applicants assessed contribution. The Council is using its discretion and powers under the RRO to assist eligible persons to meet any shortfall by means of a discretionary DFG. Discretionary DFG will be subject to a means test and a Local Land Charge or Legal Change. Work must be carried out within 12 months of the date a DFG is approved. CHS will allow further time for work to be completed if it is satisfied work cannot or could not be carried out within the time allowed.

Payment of grant will be either in full once work has been completed or by instalments as work progresses and the balance once work has been completed. Instalments will only be paid for up to 90% of the grant amount until work has been completed.

Payments will be made direct to contractors and CHS will ask applicants to sign a form to say they are happy with the work and for payment to be made. This reduces the risk of disputes arising at a later stage. In general payment will be withheld from a contractor if an applicant is unhappy with the work and CHS are satisfied that it is appropriate to do so. In such cases CHS will make the payment to the applicant instead. In some circumstances, such as Framework jobs, CHS will pay a contractor if they are satisfied the work has been carried out correctly even if the applicant does not agree.

Relocation Support Grant (RSG)

Staying in the existing home and adapting the home environment may not always be the best solution. The Council has exercised its discretion to make use of powers to provide discretionary assistance in the form of a Relocation Support Grant. This grant will provide funding towards relocation costs for homeowners and tenants of RPs where their existing property does not meet their needs or where they no longer need an adapted property. If the property is under occupied and the occupant is eligible for a downsizing grant this will be used to contribute towards any relocation costs. Where it is not reasonable or practicable to adapt due to the presence of major hazards or the property is not structurally suitable for adaptation, relocation to alternative accommodation may be recommended. In such circumstances the service user will be advised of the recommendation to relocate and supported to find suitable alternative accommodation.

When determining whether relocation is an appropriate option, officers will take account of a person’s circumstances including the needs of the disabled person, their carers’ and family so as to ensure the outcome does not create difficulties. Due to the shortage of adapted/accessible homes officers should consider relocation throughout Cornwall however the following factors will be taken into account:

 Any established local support network, the degree of support provided and whether this would be significantly reduced if the service user were to move  Any impact on care provision, both informal and formal care  The location of the existing home and its access to local amenities such as GP, shops, clubs, transport links, which the customer uses  In the case of a disabled child, where the child is settled into local schools or has non-disabled siblings settled in local schools  Any issues that may restrict choice such as the need to secure shared ownership, employment issues etc.

If, after considering the factors above, the OT and the disabled person consider relocation is the most appropriate solution the OT will make a referral to the Housing Solutions team/CH ltd who will explore the feasibility of suitable alternative accommodation. The OT may recommend minor adaptations or equipment to manage and reduce risks until such time as suitable accommodation is secured. If suitable alternative accommodation is not feasible or is not available within 6 months, the Housing Solutions team/CH Ltd will inform the service user and the OT who may then recommend major adaptations as the most appropriate solution. Service users will be provided with the following support and advice when seeking alternative accommodation:

 Accompanied viewings to establish suitability  Practical support during the move  Advice regarding the need for equipment and/or minor/major adaptations within the new home and support the provision of any assessed need  For people with sensory impairment, people with learning difficulties, people with deteriorating illness and people with mental health needs, officers will engage with relevant professional agencies/support workers/carers etc to ensure that the support provided is inclusive and enables the person to make choices.

The use of relocation will be carefully monitored to ensure that service users aren’t under any duress to move. The monitoring will take account of feedback from service users.

Accessible Homes Assistance (AHA)

AHA will be considered for specialist equipment, not funded by Health, if the equipment meets the assessed need, achieves a purpose under section 23(1) of the HGC&R Act 1996 and prevents the need for an adaptation or can be achieved at a lower cost. For example funding provision of a wheelchair seat riser to provide access to worktops rather than adapting a kitchen. The riser must be more cost effective and meet the customer’s needs. In the case of social housing stock, CH Ltd or the RP will determine whether funding specialist equipment rather than adapting a home will deliver best value. The RPs and CH Ltd may choose to fund adaptations where it is seen as an investment and increases the level of accessible housing within the social rented sector. AHA will also be considered to assist home owners and tenants to fund repairs to stairlifts, platform lifts, door entry systems and closomats that were provided via a DFG and are not covered by maintenance agreements or insurance and are under 10 years old. AHA will also be offered as a fast track grant for work less than £5k where the adaptations/equipment is able to be refurbished and recycled. There will be no need to provide a certificate of intended occupation or undertake a means test. Safe & Warm Grant (SWG) The existing financial assistance is limited to either adapting a home or helping people with disabilities to relocate to more appropriate accommodation. This new Policy introduces financial assistance to assist people over 60 to repair and improve their homes where there are serious hazards relating to falls and excess cold. A new ‘Safe & Warm Grant’ (SWG) will offer financial assistance to older homeowners to help meet the cost of urgent repairs to remove hazards that can lead to a fall and for provision of hot water and heating.

Grant assistance for home owners over the age of 60 to help meet the cost of urgent repairs and to remove serious hazards.

The maximum grant will be £10K and there will be a charge on the property to recover 100% of the grant plus associated fees on sale. Only essential repairs are to be undertaken and grant will only be available where there is no other funding available such as FILT or Winter Warmth or Smart Warmth schemes run by Community Energy Plus (CEP)

The type of work eligible under the grant can be varied and may include structural repairs or improvements such as: re-wiring, dry lining, repairs to/replacement of doors and windows, provision of central heating, provision of stair bannisters and rails, alteration to stairs, changing carpets, repairs to external steps etc.

The grant will only be available for applicants receiving a DFG or AHA at high risk of falls and those assessed as eligible under the discharge scheme.

Appendix 3b - Range of Financial Assistance

Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions Mandatory Works that fall within All owner- The Council will The LA will Eligible works Disabled a purpose as set out occupiers, determine the place a Local must be carried Facilities under section 23 of landlords, estimated expense Land Charge on out within 12 Grant the Housing, Grants, tenants or which is the sum of approval of months from (DFG) Construction & Licensees, the cost of the eligible owner’s interest date of approval Regeneration Act 1996 occupiers of works and the costs of applications of application. and are determined by houseboats any properly incurred which exceed approval. the Council to be and ancillary services & £5,000. If the necessary, caravans charges. property is sold, The eligible appropriate, who are able assigned or works must not reasonable and to satisfy the The maximum amount transferred have been begun practicable to meet criteria in of grant for an within 10 years before the the needs of a Sections 19 approved application repayment may application is disabled person. to 22 of the is £30,000. be demanded. approved. If HGC&R Act The demand will works have Examples of the type 1996 The disabled person, be for an commenced but of work that can be spouse or partner will amount in are not considered for All be subject to a test of excess of completed the assistance include- applications resources known as a £5,000 but no Council will vary Facilitating access to must be ‘means test’. The more than the application the dwelling accompanied means test will £10,000. so that eligible Making a building or by a determine whether In deciding works do not dwelling safe certificate of the grant should be whether to include any that Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions future reduced. recover all or are completed. dwelling safe occupation Where the disabled part of this Facilitating adequate person is a child or amount the An application access to bedroom, For a qualifying young following factors will not be bathroom and kitchen tenant’s person there is no will be taken approved if all facilities application, means test. into account:- the eligible works the landlord *Qualifying young (i) the extent to have been bedroom, bathroom must submit person is a person which the completed. and/ a certificate aged 16 – 19 in recipient of the of intended ordinary, non- grant would Payment of grant or kitchen facilities letting and advanced fulltime suffer financial is conditional Improving or providing must give education or approved hardship were upon the eligible heating their consent unwaged training. he works being before works to be required executed to the installations can be to repay all or satisfaction of Facilitating and carried out. any of the the authority and enabling a disabled consideratio grant; upon receipt of person to care for n as to the (ii) whether the an acceptable dependent residents following disposal of the invoice. An criteria: premises is to acceptable a disabled person to The enable the invoice must care form/status recipient of the satisfy the of grant to take up authority and is for dependant occupation employment, or not given by the residents Whether the to change the applicant or a Facilitating access to accommodat location of his member of his Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions the garden ion is employment; family. permanent (iii) whether the Extended warranties or temporary disposal is Specialist on platform lifts as per Whether it made for equipment such the Councils constitutes reasons as stairlifts, specification the sole or connected with ramping and main the physical or closomat garden residence mental (wash/dry Does the health or well- toilet), may be accommodat being of the recovered by the ion meet the recipient of the Council when no definition of grant or of a longer required. a dwelling? disabled occupant of the premises; and (iv) whether the disposal is made to enable the recipient of the grant to live with, or near, any person who is disabled or infirm and in need of care, which the Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions recipient of the grant is intending to provide, or who is intending to provide care of which the recipient of the grant is in need by reason of disability or infirmity.

Accessible Housing solutions All owner- The Council will The LA will The eligible Homes required to meet the occupiers, determine the place a Local works must not Assistance needs of a disabled tenants estimated expense Land Charge on have been begun person that are more (excluding which is the sum of approval of before the cost-effective than tenants of the cost of the eligible owner’s interest application is carrying out CH Ltd) or works and the costs of applications for approved. If adaptations. Licensees, any properly incurred each grant works have owner- ancillary services & approved. commenced but Includes, but is not occupiers of charges. are not restricted to, the houseboats If the property completed the following works: and No approval will is sold, assigned Council will vary caravans exceed £5K. or transferred the application Specialist equipment who are able within 10 years so that eligible Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions that will enable a to satisfy the This assistance is repayment may works do not disabled person's criteria in discretionary and as be demanded. include any that needs to be met at a Section 19 of such the council has a In deciding are completed. lower cost than the HGC&R right to refuse funding whether to adapting the property Act 1996 and to determine the recover all or An application maximum amount of part of this will not be To enable speedy There is no funding per amount the approved if all installation of stairlifts requirement application. following factors the eligible works and/or modular to provide a will be taken have been ramping to be certificate of into account:- completed. undertaken and future (i) the extent to includes any occupation which the Payment of grant necessary ancillary or undertake recipient of the is conditional works. a means grant would upon the eligible test. suffer financial works being The repair of lifts* hardship were executed to the that are not covered he satisfaction of by maintenance to be required the authority and agreements or to repay all or upon receipt of insurance and are any of the an acceptable under 10 years old. grant; invoice. An The council must be (ii) whether the acceptable satisfied that the lift is disposal of the invoice must worth repairing. premises is to satisfy the enable the authority and is *The Council will not recipient of the not given by the Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions pay for new batteries grant to take up applicant or a for stairlifts or work employment, or member of his associated with repairs to change the family. to lifts due to neglect location of his or misuse. employment; Specialised (iii) whether the equipment, stair disposal is lifts and ramping made for may be reasons recovered by the connected with Council when no the physical or longer required. mental health or well- being of the recipient of the grant or of a disabled occupant of the premises; and (iv) whether the disposal is made to enable the recipient of the grant to live with, or near, any person who Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions is disabled or infirm and in need of care, which the recipient of the grant is intending to provide, or who is intending to provide care of which the recipient of the grant is in need by reason of disability or infirmity.

Relocation To provide a cost- All owner- The Council will Repayment is The fees and Support effective alternative to occupiers, determine the not required. charges must not Grant mandatory DFGs by landlords, estimated expense for have been assisting a move to a tenants or any properly incurred incurred before more suitable property Licensees, services & charges. the application is or to offer an incentive and some No approved approved. to tenants living in occupiers of application will exceed adapted properties houseboats £4K An application who no longer need and will not be Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions the adaptations caravans This assistance is approved if all Removal & provision who are able discretionary and as the eligible works of carpets/flooring to satisfy the such the council has a have been Cleaning of criteria in right to refuse funding completed prior carpets/flooring Sections 19 and to determine the to approval. Costs associated with of the maximum amount of the services of a HGC&R Act funding per Payment of grant private OT 1996 application. is conditional Furniture removal upon the eligible costs, There is no The council must be works being Disconnection/reconne requirement satisfied that the new executed to the ction of utilities. to provide a home is more suitable satisfaction of certificate of for the needs of the the authority and Eligible works for future disabled occupant or upon receipt of owner occupiers: occupation that it is more an acceptable As above plus:- reasonable and invoice. An Estate Agents fees, There is no practicable to adapt. acceptable Legal and stamp duty means test Where the new home invoice must fees, also requires satisfy the adaptation, the authority and is RP’s:- combined cost of the not given by the Payment of rent to the Relocation Support applicant or a Registered Provider to Grant and any DFG to member of his cover void periods of adapt the new home family. up to 10 weeks where must not exceed the necessary adaptations cost of adapting the Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions need to be completed existing home. prior to occupation or to enable a suitable tenant to be secured.

Discretion Works that fall within Home The Council will Grants will only The eligible ary DFG a purpose as set out owners or determine the be available if works must be under section 23 of landlords estimated expense they can be carried out the Housing Grants, which is the sum of secured by way within 12 months Construction & the cost of the eligible of a Legal from date of Regeneration Act 1996 works and the costs of Charge on the approval of and are determined by any properly incurred property and application. the Council to be ancillary services & there will need necessary, charges. to be sufficient Landlords to appropriate, equity in the advertise the reasonable and This assistance is property to property on practicable to meet discretionary and as enable the Homechoice as the needs of a such the council has a Council to an adapted disabled person. right to refuse funding recover the property and Examples of the type and to determine the grant preference given of work that can be maximum amount of to disabled considered for funding per Grants will be households on assistance see application. repaid with re-letting. mandatory DFG associated fees upon sale or transfer of the Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions property

Safe & Necessary repairs and CHS will Maximum grant of Grant secured Warm home improvements target this £10K. One grant per by a legal Grant to address hazards funding to property. charge on the associated with excess eligible property. cold and falls recipients of 100% of the Only essential repairs DFG/AHA grant plus and only available and associated fees where there is no discharge to be repaid on other public or scheme. sale or transfer. charitable funding available. Eligible applicants Eligible work will be are home varied and may owners over include:- re-wiring, 60 years of dry lining, repairs age who are to/replacement of at high risk doors and windows, of falls as provision of central advised by heating, provision of an Assessor stair bannisters and from EHSC. rails, alteration to stairs, changing Type of Eligible Works Eligible Assistance Repayment Certificates assistance Applicant and Conditions carpets, repairs to external steps etc. Appendix 4

Determining Relevant Works for DFG

Officers are to have regard to the Housing Grants, Construction & Regeneration Act 1976 and the following guidance:- ‘Delivering housing adaptations for disabled people: A good practice guide’ and ‘Home Adaptations for Disabled People, a detailed guide to related legislation, guidance and good practice’ 2013.

Where an assessed need is determined the Council is obliged to meet that need, however it is entitled to consider a range of ways of meeting the need1. It will do so in partnership with the service user, their carer and/or family ensuring a robust evaluation of options and determination of most appropriate solution for that individual. Customers will be given as much choice as possible about their preferred solution and made aware of works not eligible for financial assistance. Decisions on eligibility for a DFG will be made in the correct order. The initial eligibility decision (that would trigger an assessment) will be determined on the criteria in section 23(1) HGCRA 1996 i.e. are the proposed adaptations to meet a purpose as set out in that section (see Appendix 5 for detail). Where this is the case then step 2 will determine whether works are deemed to be ‘relevant works’. In reaching a decision on ‘relevant works’ the Council/CHL will consider the following factors:  Are the works necessary and appropriate to meet the needs of the disabled person (see Appendix 4); and  Are the works reasonable and practicable to be undertaken having regard to the age and condition of the dwelling (see Appendix 4).  Are the proposed adaptations needed to provide for a care plan to be implemented which will enable the disabled occupant to remain living in their existing home as independently as possible  Would the proposed adaptations meet, as far as possible, the assessed needs of the disabled person taking into account both their medical and physical needs  Does the service user agree with the assessment and do they agree with the proposed recommended works.

If the works are not considered to be ‘relevant works’ then alternative housing solutions will be considered and support provided to assist with relocation. Urgent minor adaptation to the existing home may be provided whilst waiting to move. Proposals for adaptations, submitted by tenants or owner occupiers, which are more extensive than is necessary to achieve the purpose may not be eligible for DFG funding. The Council/CH Ltd will only be obliged to

1 R V Kirklees MBC ex parte Daykin (197 – 98) 1 CCLR 512 QBD provide for relevant works to meet the purposes as set out in Section 23(1) of the HGC&R Act 1996. However each application will be considered on an individual basis and on its own merits.

In some cases specialist services will be required e.g. architectural service for plans; structural engineer, water or drainage survey. Officers will not recommend particular persons, companies or products. Fees and charges relating to specialist services must be met by the applicant. CH Ltd will commission such services on behalf of their tenants.

Where major adaptations are to be funded via a DFG then information about the fees and charges are required as part of the grant application and the Council will determine which of these are eligible for funding in the same way as they assess the relevant works. Any preliminary fees and charges associated with ‘non relevant works’ will not be funded as part of the DFG.

The service user may choose an alternative solution or may choose not to adopt the solution being recommended. Professionals should listen to the service user carefully and actively engage and consider their ideas and solutions. The implications of their choice, in terms of financial assistance and/or risk to health and safety, will be fully explained to the service user and confirmed in writing.

Where the person has a learning disability, support will be provided to ensure equal human rights, independent living, control and inclusion. In certain circumstances specialist colleagues and specialist organisations will be engaged in the process, for example for people with sensory impairment, people with learning difficulties, people with deteriorating illness and people with mental health needs. Appendix 5 - Guidance on Necessary, Appropriate, Reasonable & Practicable

1 Necessary & Appropriate

1.1 To be deemed necessary and appropriate the proposed adaptation must meet the current and long term needs of the disabled customer taking into account all the functional implications of their disability/condition. The adaptation should enable the individual to gain further independence; careful consideration needs to be given to whether the customer will be able to use the adaptations.

1.2 When determining whether adaptations are appropriate the overall suitability of the accommodation for the disabled person’s needs and likely suitability for a future disabled occupier should be taken into account. It is not always appropriate to undertake adaptation work, even where the customer is assessed as being at risk. For example, someone with severely restricted mobility living in an upper floor flat with no lift access and requiring a level entry shower would find it difficult to go out. Factors such as ease of access to the property, internal space standards and proximity to local amenities will be taken into consideration when determining whether adaptations are appropriate.

1.3 Decisions on what works are deemed to be necessary & appropriate for those customers who have a terminal illness will be based on individual circumstances. Where an applicant’s prognosis implies that degeneration in the short term will occur then this should be taken into account when considering the relevant works. The OT or appropriately qualified person, in consultation with the disabled customer and their parent(s)/carer(s), may offer alternative solutions such as equipment, interim aids and/or additional care.

2 Reasonable & Practicable

2.1 In deciding whether works are reasonable officers will determine whether the dwelling is free from a category 1 hazard (for definition see Appendix 5), as determined by the application of the Housing Health & Safety Rating System (HHSRS). When considering whether works to common parts are reasonable the service will consider whether both the common parts and the dwelling are free from a category 1 hazard. If a category 1 hazard is present it may be considered unreasonable to adapt accommodation.

2.2 When determining whether adaptation works are practicable consideration will be given to a range of factors including: the type of construction, the design of the dwelling and /or property and geographical constraints.

2.3 Once officers have determined what works are necessary, appropriate, reasonable and practicable a schedule of the ‘relevant works’ will be produced.

2.4 The relevant works must meet all the needs identified within the occupational therapy assessment irrespective of who is funding the work. For example if an owner occupier agrees to fund part of the work the work must still be included as relevant work and identified as such on the schedule of relevant works. Where the Council is funding the work, final payment will not be authorised until all relevant works have been completed. Appendix 6 - Purposes for which mandatory disabled facilities grant (DFG) is available

Please note the term dwelling also includes reference to a qualifying houseboat or qualifying park home (see Appendix 6 for definitions).

Purposes, for which a mandatory disabled facilities grant must be given, include works to remove or help overcome any obstacles which prevent the disabled person from moving freely into and around the dwelling and enjoying the use of the dwelling and the facilities or amenities within it. In particular they include the following (guidance in italics):

(a) Facilitating access by the disabled occupant to and from the dwelling or the building in which the dwelling or, as the case may be, the flat is situated;

Guidance –This includes works which are intended to remove or help overcome obstacles to the disabled person moving freely to and from the dwelling or the building. Examples include: widening of the main entrance doorway, automatic door opening, door entry systems, drop kerb within curtilage of the property, hard standings that are within the curtilage of the property, ramps, level access threshold, and external stairlifts. Ramping access for non-prescribed wheelchairs or scooters will generally not be eligible.

(b) Making the dwelling or the building safe for the disabled occupant and other persons residing there;

Guidance – Works include adaptations to minimise or eliminate the risk of danger posed by a disabled person’s behavioral problems as well as (for example) the installation of enhanced alarm systems for persons with hearing difficulties. Any grant must reduce any identified risk as far as is reasonably practicable, if it is not possible to entirely eliminate the risk. Examples include enhanced alarm system for means of escape from fire, specialised lighting, toughened or shatterproof glass, guards around fires or radiators, reinforcement or cladding of walls, floors & ceilings.

(c) Facilitating access by the disabled occupant to a room used or usable as the principal family room;

Guidance – This includes works which are intended to remove or help overcome obstacles to the disabled person accessing the principal family room. Examples include: widening of doorways, door entry systems, alterations to facilitate wheelchair access, stair lifts, vertical lifts (d) Facilitating access by the disabled occupant to, or providing for the disabled occupant, a room used or usable for sleeping;

Guidance – This includes works which are intended to remove or help overcome obstacles to the disabled person accessing a room for sleeping. Examples include: widening of doorways, door entry systems, alterations to facilitate wheelchair access, stair lifts, vertical lifts, adaptation/conversion of a living/dining room to a bedroom, division of a large living space into two rooms. As a general guide, provision of a new room by means of an extension should only be considered if conversion or adaptation of an existing room is not possible.

(e) Facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a lavatory, or facilitating the use by the disabled occupant of such a facility;

Guidance - This includes works which are intended to remove or help overcome obstacles to the disabled person accessing a room in which there is a lavatory or providing a room in which there is a lavatory or help overcoming obstacles preventing the use of such a facility. Examples include works to help a disabled person manage personal hygiene without assistance such as: alterations to an existing room in which there is a lavatory to facilitate wheelchair access, conversion of living space to provide a room with a lavatory, provision of an extension to accommodate a room with a lavatory, provision of specialist WCs. As a general guide, provision of a new room by means of an extension should only be considered if conversion or adaptation of an existing room is not possible.

(f) Facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a bath or shower (or both), or facilitating the use by the disabled occupant of such a facility;

Guidance - This includes works which are intended to remove or help overcome obstacles to the disabled person accessing a room in which there is a bath or shower or providing a room in which there is a bath or shower or help overcoming obstacles preventing the use of such a facility. Examples include works to help disabled person manage personal hygiene without assistance such as: level access shower, conversion of living space to provide a bathroom or shower room, provision of an extension to accommodate a bathroom or shower room, works to facilitate wheelchair access. As a general guide, provision of a new room by means of an extension should only be considered if conversion or adaptation of an existing room is not possible. (g) Facilitating access by the disabled occupant to, or providing for the disabled occupant, a room in which there is a washhand basin, or facilitating the use by the disabled occupant of such a facility;

Guidance - This includes works which are intended to remove or help overcome obstacles to the disabled person accessing a room in which there is a washhand basin or providing a room in which there is a washhand basin or help overcoming obstacles preventing the use of such a facility. Examples include works to help disabled person manage personal hygiene without assistance such as: alterations to an existing room in which there is a wash hand basin to facilitate wheelchair access, conversion of living space to provide a room with a wash hand basin, provision of an extension to accommodate a room with a wash hand basin, provision of specialist wash hand basin. As a general guide, provision of a new room by means of an extension should only be considered if conversion or adaptation of an existing room is not possible.

(h) Facilitating the preparation and cooking of food by the disabled occupant;

Guidance – works to enable a disabled person to cater independently, examples of work include: rearrangement or enlargement of a kitchen for wheelchair access, specially modified or designed storage units, alterations to a kitchen sink such as its height or position, provision of a specialist sink, safe accessible cooker point, provision of worktops at a height suitable for the disabled person, alterations to light switches and power points. Where most of the cooking and preparation of meals is done by another household member, it would not normally be appropriate to carry out full adaptations to the kitchen. However, it might be appropriate that certain adaptations be carried out to enable the disabled person to perform certain functions in the kitchen, such as preparing light meals or hot drinks. In certain cases consideration should be given to the provision of a wheelchair with a riser which may be preferable to adapting the kitchen.

(i) Improving any heating system to meet the needs of the disabled occupant. If there is no existing heating system or an existing system is unsuitable for use by the disabled occupant, providing a heating system suitable to meet the disabled person’s needs;

Guidance – Improvements to heating should only be considered where it is required to meet a particular medical need arising from the disability. For example changing the means of control or providing a different type of heating to accommodate a particular medical condition. Improvements to heating that are not required for a medical reason or the provision of heating to rooms that are not used by the disabled person will not be considered ‘relevant work’. Repairs to existing heating systems will not be considered as adaptations. Where older and/or disabled people are finding it difficult managing with solid fuel heating, provision of replacement heating should be considered as part of the Decent Homes programme and not via an adaptation.

(j) Facilitating the use by the disabled occupant of a source of power, light or heat by altering the position of one or more means of access to or control of that source or by providing additional means of control;

Guidance - Works also include to enable a disabled person to have full use of heating, lighting and power controls in the dwelling e.g. the relocation of power points to make them more accessible, the provision of suitably adapted controls where a disabled person has difficulty in using normal types of controls and the installation of additional controls.

(k) Facilitating access and movement by the disabled occupant around the dwelling in order to enable the disabled person to care for a person who is normally resident and is in need of such care;

Guidance - This may include spouse, partner or family member, another disabled person or a child. Importantly the dependent being cared for need not be disabled. Such works could include adaptations to a part of the dwelling to which the disabled person would not normally need access but which is used by a person to whom they are providing care and therefore it is reasonable for such works to be carried out.

(l) Facilitating access to and from a garden by a disabled occupant or making access to a garden safe for a disabled occupant. Garden includes a yard, outhouse, and other appurtenance within the boundaries of the land and includes land adjacent to the mooring of a disabled persons qualifying houseboat;

Guidance – Examples include adaptations or improvements to existing access to make safe and works to enable wheelchair maneuverability. Appendix 6 - Policy definitions

Aids and adaptations For the purpose of this policy and procedural guidance, the definition of an ‘aid or adaptation’ is an alteration or addition to any aspect of accommodation to make it easier or safer for use by a disabled person. This may include an alteration or addition to a garden which is within the curtilage of a dwelling to enable access to the garden or make the garden safe. ‘Aids’ generally cost less than £1,000 and examples include: grab rails, bath board, alterations to a doorbell or telephone. ‘Adaptations’ cost in excess of £1,000 and include: provision of a level access shower, changes to the design of a kitchen, a stairlift, ramping, etc.

Category 1 hazard When officers inspect a dwelling they will look for any risk of harm to an actual or potential occupier of a dwelling, which results from any deficiency that can give rise to a hazard? They will judge the severity of the risk by thinking about the likelihood of an occurrence that could cause harm over the next twelve months, and the range of harms that could result. The hazard score is calculated following an inspection. Officers will use the formal scoring system within the Housing Health & Safety Rating System (HHSRS) to demonstrate the seriousness of hazards that can cause harm in dwellings. The scoring system for hazards is prescribed by the Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005 No 3208) and is also set out in the statutory HHSRS Operating Guidance for local authorities. A serious hazard is one in the higher scoring bands A – C, and is called a category 1 hazard in the Act. A less serious hazard is one in bands D – J and is called a category 2 hazard.

Suitable alternative accommodation The RRO enables local authorities to provide assistance towards the provision of suitable alternative accommodation where it provides for the disabled person a benefit similar to that which would be provided by the carrying out of adaptations to existing living accommodation. Cornwall Council has introduced the Accessible Homes Grant; for further information please see Appendix 5.

Mandatory grant Grants further to section 23(1) of the Housing Grants Construction & Regeneration Act (HGCRA) 1996 made principally to facilitate access and provision (see Appendix 1).

Discretionary grant These are grants that may be made further to Article 3 of the Regulatory Reform Order 2003. The approval of a discretionary grant is at the discretion of the LA and is resource dependent. Cornwall Council has made use of this power to provide a range of financial assistance including: the Accessible Homes Grant, Relocation Support grant, Safe & Warm Grant, Discretionary DFG.

Means test This is a process which determines the amount of financial contribution a disabled person can make towards the cost of the relevant work. There is no means testing for families of disabled children under the age of 19. The means test is applied to ensure that the available resources are directed to those in greatest financial need.

Disabled Customer The Disability Discrimination Act (DDA) 1995 defines a person as disabled if they have “a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities”. The Disability Discrimination Act 2005 amended the definition in the 1995 Act to include a person with cancer, HIV infection, or Multiple Sclerosis to be deemed to be a disabled person. At least one of these areas must be badly affected:

 mobility  manual dexterity  physical co-ordination  continence  ability to lift, carry or move everyday objects  speech, hearing or eyesight  memory or ability to concentrate, learn or understand  understanding of the risk of physical danger

Qualifying park home “Qualifying park home” means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968) which:

(a) is stationed on land forming part of a protected site within the meaning of the Mobile Homes Act 1983; (b) is occupied under an agreement to which that Act applies or under a gratuitous licence; and (c) is a dwelling for the purposes of Part 1 of the Local Government Finance Act 1992 (council tax), and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.

Qualifying house boat “Qualifying houseboat” means a boat or similar structure designed or adapted for use as a place of permanent habitation which: (a) has its only or main mooring within the area of a single local authority; (b) is moored in pursuance of a right to that mooring; and (c) is a dwelling for the purposes of Part 1 of the Local Government Finance Act 1992 (council tax), and includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it. Appendix 7 - DFG Panel Terms of Reference

Name of Group: DFG Panel

Purpose/role of the group:-

To undertake feasibility assessments to establish:

 Whether the identified need falls within a purpose as set out under Section 23 of the Housing, Grants, Construction & Regeneration Act 1996  Whether the proposed work is necessary, appropriate, practicable and reasonable  Alternative potential solutions/options such as relocation  Whether the suggested work is the most cost effective solution  Preferred pathway for applicant/customer

Membership  CHS Manager (Chair)  Adult Therapy Housing OT Lead  Area Manager (CHS)  Development/Supervision Lead – Paediatric Therapy

Co-opted for advice and information (non-voting members)  Case OT  Case Keyworker  Case Housing Solutions Officer  Case Surveyor

The CHS Manager will Chair the Panel

The PA to CHS manager will notify relevant officers, arrange a venue date and time and bring together all case notes and distribute those 3 days before the meeting complying with data protection guidelines at all times.

The Service Manager can co-opt additional members as necessary.

A Panel will be held each fortnight.

Areas of consideration for convening panel:

 Where the recommendation includes for an extension and/or a conversion and/or a Through Floor Lift (TFL)  Where work includes items to address safety under Section 23(1)(b) Housing Grants, Construction & Regeneration Act 1996  Work that is not for a purpose for which mandatory DFG is available i.e. does not meet a purpose within section 23 (1) Housing Grants, Construction & Regeneration Act 1996  Cases where there are multiple options available that meet need and guidance is sought as to the best option  The work may not be eligible for DFG and the OT/KW is seeking advice and guidance from Panel.

Documents to be provided  OT SON/DFG Recommendation  Housing Options appraisal (optional)  Additional supporting information including diagnosis if relevant  Where an extension or conversion is being proposed for example to provide additional facilities, a floor plan of existing and proposed must be provided. The plan can be a rough sketch but must be of the whole property and must give an indication of room size.  Photos (optional)

Accountability  Following Panel, action notes will be communicated to those involved with their actions highlighted  Relevant decision points to be recorded on Frameworki and HIACM  The KW assigned to the case will confirm in writing the outcome of the panel meeting to the client.  Records of DFG panel to be available to service user  Reports of numbers of panel cases, outcomes and decisions to be reported quarterly to Heads of Services(PHR, ACHW, CSF)

Review  Terms of reference will be reviewed 6 months from establishment of DFG Panel

In all other ways a case being put before the panel will be treated the same as any other being dealt with by the Home Solutions Service. Appendix 8 - Eligibility for Disabled Facilities Grant (DFG)

The Act2 provides definitions (Section100) of those who qualify, by reason of disability, for assistance in carrying out adaptations through a DFG. For these purposes a person is disabled if:

 their sight, hearing or speech is substantially impaired;  they have a mental disorder or impairment of any kind; or  they are physically substantially disabled by illness, injury, impairment present since birth, or otherwise.

Owner occupiers, tenants of CH Ltd, tenants of RPs, private tenants, landlords and licensees are all eligible to apply for a DFG.

The Council cannot approve an application for funding if an applicant fails to meet the criteria for future occupation. To satisfy the criteria the applicant must declare that the disabled person lives or intends to live in the accommodation throughout the grant condition period or for a shorter period as the person’s health and other relevant circumstances permit. This period is defined3 as 5 years from the certified date (i.e. the date on which the works are satisfactorily completed). (This does not apply to customers with terminal or deteriorating conditions).

Being a tenant on a fixed term tenancy is not a barrier to the approval of funding and does not prevent a tenant submitting a tenant’s certificate of ‘intended occupation’.

If an applicant receives funding and it subsequently appears that the disabled person did not intend to remain living in the accommodation, at the time the application was made, the Council may demand that any financial assistance which has been paid be repaid, together with interest from the date on which it was paid until repayment.

2 Housing Grants, Construction & Regeneration Act 1996

3 section 44(3) HGCRA 1996