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Issue with Repayment of Disabled Housing Grant

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  • Issue with Repayment of Disabled Housing Grant

    Hi there
    Need help on the topic of repayment or not of a Disabled Housing Grant
    There seems to be very little written on the Internet about terms of repayment of the excess of any Disabled Housing Grant over £ 5,000 related to housing adaptations for disabled daughter then under age of 18.
    I am getting a sudden divorce and need to sell the house but work was done 5 years ago so in theroy the loan has another 5 years to run
    My lawyer has done the searches on Land Reigster for the house sale and there is definitely no sign of any attachments by the local coucil.
    Does this mean that the Council has any right to demand repayment of excess amount of DHG loan due to their failure to register the loan. or can we refuse to pay it as it is not been registered?
    Huge thanks for any advice.
    Tags: None

  • #2
    The regulations don't appear to require the council to register a charge to claw back the grant

    https://assets.publishing.service.go...onsent2008.pdf

    (2) The local housing authority may demand the repayment by the recipient of such part of the grant that exceeds £5000 (but may not demand an amount in excess of £10,000) if—
    (a) the recipient disposes (whether by sale, assignment, transfer or otherwise) of the premises in respect of which the grant was given within 10 years of the certified date; and
    (b) the local housing authority, having considered—
    (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.

    Comment

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