URL: https://scambs.moderngov.co.uk/ieDecisionDetails.aspx?ID=12820

Decision Maker: Lead Cabinet member for Housing

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Purpose: The purpose of this decision is to consider the waiver of a local land charge totalling £3,057.29 which was registered against a property relating to the award of a Disabled Facilities Grant.   In considering such requests, the Council must take into consideration the following criteria (as set out in the Housing Grants, Construction and Regeneration Act 1996) before it can demand repayment:         I.         the extent to which the recipient of the grant would suffer financial hardship were he to be required to repay all or any of the grant;        II.         whether the disposal of the premises is to enable the recipient of the grant to take up employment, or to change the location of his employment;      III.         whether the disposal is made for reasons connected with the physical or 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 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   is satisfied that it is reasonable in all the circumstances to require the repayment.   The Lead Member for Housing and the Head of Housing have considered the applicant’s personal circumstances when reviewing the request to waive the local land charge, to support their move to more suitable accommodation.

Content: The purpose of this decision is to consider the waiver of a local land charge totalling £3,057.29 which was registered against a property relating to the award of a Disabled Facilities Grant.   In considering such requests, the Council must take into consideration the following criteria (as set out in the Housing Grants, Construction and Regeneration Act 1996) before it can demand repayment:         I.         the extent to which the recipient of the grant would suffer financial hardship were he to be required to repay all or any of the grant;        II.         whether the disposal of the premises is to enable the recipient of the grant to take up employment, or to change the location of his employment;      III.         whether the disposal is made for reasons connected with the physical or 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 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   is satisfied that it is reasonable in all the circumstances to require the repayment.   The Lead Member for Housing and the Head of Housing have considered the applicant’s personal circumstances when reviewing the request to waive the local land charge, to support their move to more suitable accommodation. To approve the request to waiver the local land charge of £3,057.29 Under criteria iii) set out in the legislation it is considered that it is reasonable to waiver the local land charge in this instance to support the applicant to move to a more suitable property. Option 1: To refuse the request to waiver the charge upon sale of the property.   Reasons for Rejection: The Council is required to provide reasonable and lawful grounds for refusal, as failure to do so may result in legal challenge. In this instance, it is acknowledged that the family has presented a valid and justifiable reason for relocation, specifically to support the health and wellbeing of a disabled household member.

Date of Decision: August 7, 2025