1.0 Introduction
1.1 This document provides details of Leeds City Council’s policy for the provision of housing assistance pursuant to the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002. The Order provides local housing authorities with a general permissive power for the provision of assistance for the purpose of improving living conditions. To exercise this power a local authority must first adopt a policy for the provision of assistance.
1.2 This document sets out the city council’s housing assistance policy to create opportunities for all disabled and vulnerable people and their families to live independently in quality, affordable, safe, and stable housing of their choice across all tenures for the approval of housing assistance. It will remain in force until any amendments are approved.
2.0 How this policy contributes towards the city council’s wider objectives
2.1 Local authorities have always had a role in providing and improving the condition of housing. Indeed, the origins of local government are found in this role. Since 1949 central government has encouraged and sometimes required local authorities to give grants for repairs and improvement. The details of these grants were laid down in statute by central government. In 2002, local housing authorities were given the freedom to devise their own system of grants (more properly termed, “assistance”). Grants for disabled persons for works to enable them to access and use the facilities in their home – Disabled Facilities Grants – remain prescribed by central government.
2.2 Improving housing standards and promoting independent living remain central to national and local priorities for the coming years. These objectives are embedded within the Equality Improvement Priorities 2025–2029, the Best Council Plan, and wider strategies such as the Health and Wellbeing Plans and Children and Young People’s Plans. They reflect a commitment to tackling inequality, supporting vulnerable residents, and ensuring sustainable communities. Key priorities include:
- enabling more people with physical or mental health needs to live safely and independently at home or close to home for longer, supported by integrated health and social care services
- providing targeted support for adults in vulnerable circumstances, ensuring dignity, safety, and independence
- delivering coordinated, personalised care through local health and wellbeing partnerships, reducing fragmentation and improving outcomes
- implementing Health and Wellbeing strategies that address wider determinants of health, including housing quality, economic security, and environmental sustainability
- supporting the national housing renewal agenda, which aims to increase social and affordable housing supply, improve safety and quality standards, and promote energy efficiency
3.0 Key priorities of the city’s housing assistance policy
3.1 The city council is duty bound to approve applications made under section 23(1) of the Housing Grants, Construction and Regeneration Act 1996 that satisfy the requirements of that Act (Disabled Facilities Grants).
The city council has discretionary powers under The Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 to help in any form for the purpose of improving living conditions.
3.2 Types of assistance available
- Disabled facilities grant application
- Discretionary housing assistance
- Sanctuary scheme
- Care and Repair's services
- Private sector housing conditions
4.0 Disabled Facilities Grants (DFG)
4.1 To qualify for this type of assistance the applicant must be a person who would qualify for a mandatory disabled facilities grant, under Part 1 of the Housing Grants, Construction and Regeneration Act 1996. (HGCR Act 1996)
4.2 Eligible works under this grant are contained in section 23 (1) of the HGCR Act 1996 and defines 12 classes of adaptations for disabled occupiers that are mandatory and are based around:
- giving access into and around the dwelling
- making a dwelling safe for the disabled person residing there
- accessing sleeping and bathing facilities
- facilitating the preparation and cooking of food
- ensuring the power, heating and lighting system are suitable and under control
- providing facilities and access for carers
- giving access to the garden
4.3 Section 24 (3) obliges a local housing authority to ‘consult’ with the ‘social services authority’ in respect of assessing the needs of the disabled person relating the accessibility and safety of their dwelling. In determining eligibility for a Disabled Facilities Grant, the local housing authority must be satisfied under this section of the Act, that the ‘relevant works’ are ‘necessary and appropriate’ to meet the needs of the disabled occupant and whether it is ‘reasonable and practicable’ to carry out those works ‘having regard to the age and condition of the dwelling’.
For example, under ‘necessary and appropriate,’ the housing authority may decide that proposed works do not fall within the criteria ‘as relevant works’ listed in section 23 or that the works are so extensive, it would not be an appropriate solution for the dwelling. Under these circumstances, the housing authority may refuse the grant application and provide support to re-locate to a more suitable dwelling.
For example, under ‘reasonable and practicable having regard to the age and condition of the property,’ the housing authority may decide that the relevant property is in such a bad state of repair, it is not ‘reasonable or practicable’ to install adaptations to the dwelling. Under these circumstances, the housing authority may refuse the grant application until the property has been put into a reasonable standard of repair.
4.4 Since 2010/11, the Disabled Facilities Grant has been paid as an un-ring-fenced capital payment through a determination under section 31 of the Local Government Act 2003.
4.5 The House of Commons briefing paper on DFG’s (England) dated 19th February 2013 states: ‘Creating greater flexibility will allow the DFG funding to be used for associated purposes, such as moving home,’ and ‘DFG funding could be pooled with resources from several other programmes. It will then be for local authorities to determine, against local priorities, how best they use these resources.’ Again, this demonstrates the broad remit that local authorities have in respect of using DFG funding to provide adaptations and promote independent living.
5.0 Land charges
A land charge becomes relevant when a grant awarded exceeds £5,000 and is used to provide adaptations that enhance the property increasing its value. In these cases, the council will place a land charge on the property for 10 years. Examples of enhancement works are: extensions, loft conversions, additional bathrooms/WCs, hardstanding, fencing, garden works, or any work that may improve your property.
This means that if a property is sold within a 10-year period, the council may recover up to a maximum of £10,000 over the exempt grant value of £5,000. This is in line with the Disabled Facilities Grant General Consent Order 2008.
If a property that received a Disabled Facilities Grant is sold within 10 years of the work being completed, the council will consider the circumstances before deciding whether the grant needs to be repaid. The council will consider:
- the extent to which the recipient of the grant would suffer financial hardship where they were to be required to repay all or any of the grant
- whether the disposal of the premises is to enable the recipient of the grant to take up employment, or to change the location of their employment
- 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
- 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
6.0 Discretionary housing assistance to promote independent living
6.1 The council’s Health and Housing service aims to create opportunities for all disabled people and their families to live independently in quality, affordable, safe, and stable housing of their choice across all tenures. Health and Housing works closely with several internal services across the council, with local health services and other external partners to identify and deliver the most suitable housing solution for clients to enable them to continue to live independently.
6.2 The Health and Housing service holds a weekly review meeting which considers cases to identify the most suitable housing solution that will maximise independent living for that individual client(s). The panel considers the two housing pathways of ‘staying put’ and ‘planned move.’ This may either be by ‘staying put’ and adapting a client’s current home or by a ‘planned move‘ to re-locate the client and their family to a more suitable dwelling within the city. All decisions by the weekly panel are open to a further review by the client if they are unhappy with the panel’s initial outcome.
6.3 The review panel comprises of a range of housing and health professionals that discuss individual cases taking the client’s views and opinions are consideration. It is often attended by professional officers from other services and directorates. The process is people centric and balances the health and housing needs of individuals by providing choice and self-determination while making the best use of resources.
6.4 It is the council’s primary responsibility to deliver Disabled Facilities Grants and control the budget accordingly to ensure its statutory duties are met in a timely manner. However, if the budget allows, the council may decide they have sufficient resources to entertain applications for discretionary aid. Individuals or other services/agencies may apply for discretionary aid to promote independent living and will be informed whether the council is able to consider their application at that time. If money is available, an individual applicant will be asked to submit financial statements and complete a standard pro forma around household income and expenditure to enable an assessment of affordability. The council will assess each case on its own individual merits and has the discretion to refuse, part fund or fully fund a request including the offer of a repayment plan that promotes independent living (see 6.3 below).
Other services, agencies and charities applying for discretionary money will be asked to provide a clear written business case including any drawings, plans, quotes or statutory approvals. Decisions will be made on an individual basis for each case.
The council reserves the right to inform applicants, at any given time, it is not entertaining applications for discretionary money due to financial pressures on the Disabled Facilities Grant budget.
Some common examples of the use of discretionary funding include:
- funding/part funding with costs associated with moving house
- funding/part funding to cover an individual’s statutory means tested contribution
- top-up for eligible works when 30k grant has been exceeded
- covering landlords' bonds or rent to enable a client to move between properties
- adaptations funding for a child with a second home where joint custody/shared care arrangements exist
- to provide unsecured loans
- assisting with works for ‘life limiting’ cases
- for MND cases they are fast tracked and bypassed financial assessment
- assisting with repairs to specialist equipment
- raising the threshold of the statutory test of resources
- repairs to make the home of a disabled/vulnerable person safe, wind and weatherproof
- to repair or improve a disabled person's deficient heating system
7.0 Discretionary financial assistance for eligible works for the provision of adaptations
7.1 Following consultation with the Occupational Therapy service, the housing authority will draw up a scheme - termed the eligible scheme - that meets the needs of the disabled person, having regard to Sections 23 and 24 of the Housing, Grants, Construction and Regeneration Act 1996. Where the cost of the scheme exceeds the £30,000 Disabled Facilities Grant (DFG) cap, the customer may request discretionary financial assistance to bridge the shortfall.
7.2 There may be several reasons why a customer cannot afford their assessed contribution. This may be due to the outcome of the government’s Test of Resources or because the total scheme cost exceeds the statutory DFG limit. In such cases, the council may offer a discretionary repayment plan, subject to assessment and approval.
7.3 Discretionary financial assistance is subject to a formal application process, which includes disclosure of all household income and expenditure, supported by bank statements. Applications are reviewed by the weekly panel, and applicants are notified in writing of the outcome. If approved, the council may offer help in one of 2 ways:
- A repayment plan, where the council pays the contractor directly from the Disabled Facilities Grant (DFG) budget, and the customer agrees to repay the amount over a set period- usually up to 36 monthly instalments.
- A land charge, where the full amount of the discretionary funding is secured against the property. This means the funding granted would be repaid if the property is sold.
7.4 Customers may choose to carry out their own schemes, provided they are equal to or exceed the council’s eligible scheme as agreed by the Occupational Therapist. In such cases, the council will commit funding equivalent to the cost of the eligible scheme (up to the £30,000 grant limit) toward the customer’s preferred scheme. These funds will be paid to the applicant or builder upon satisfactory completion. Discretionary financial assistance or repayment plans are not available for preferred schemes.
8.0 Care and Repair Ltd (Leeds)
Care and Repair (Leeds) is the Home Improvement Agency for Leeds, offering a wide range of services to assist older and disabled people, and people living with long term health conditions, to live in a warm, safe, and secure environment.
8.1 The Home Plus Leeds service is part funded by the council to enable and maintain independent living through improving health at home, helping to prevent falls and cold related health conditions. The falls prevention element of the service is available for anyone over the age of 18 years who is at risk of falls or has previously fallen in the home, providing interventions such as the fitting of grab rails and stair rails. This is a free service for homeowners and people in private rented properties (with the permission of the landlord). The warmth and repairs element of the service is for owner-occupiers with a household income of less than £21,000, and savings of less than £16,000, who is over the age of 65, or expecting or have dependent children up to 18 years living in the same property or has a disability or long-term health condition. People can get help with servicing and repairs to heating and hot water systems, draught proofing and insulation measures and help changing to the cheapest energy deal. There is also some financial assistance towards essential repairs that may be causing a hazard to health, such as plumbing or electrical issues.
8.2 The Breath Easy Homes initiative, in partnership with Care and Repair, offers crucial support to children with severe asthma. Recognising that a healthy home environment is essential for managing respiratory conditions, the program provides targeted interventions for families whose children require an important level of care. This support can include the provision of specialised equipment designed to improve indoor air quality, such as air purifiers or dehumidifiers, and other items that assist in mitigating respiratory triggers within the home. By addressing environmental factors that exacerbate asthma symptoms, Breath Easy Homes aims to create healthier living spaces and improve the overall well-being of these vulnerable children.
8.3 The Weather Proofing scheme, helps vulnerable private homeowners maintain safe and secure living conditions. This initiative provides essential repairs and/or replacement home improvements to ensure properties are protected from the elements, preventing wind and weather damage. By addressing critical maintenance needs, the scheme supports individuals in remaining comfortably and safely in their own homes, reducing the risk of health issues and subsequent hospitalisations. Acceptance onto the Weather Proofing scheme is subject to a criteria process to ensure assistance is directed to those most in need
8.4 Our valuable partnership with Care and Repair enables us to deliver a range of important initiatives aimed at supporting vulnerable residents. It is important to note that these programs rely on discretionary funding, meaning the amount available can vary from year to year. Consequently, the allocation of resources and the specific services offered may differ depending on the level of government funding received. While we strive to maintain consistent support, the scope and reach of these initiatives are subject to the fluctuating nature of available funding.
9.0 Means testing exemption for ex-armed forces personnel
In recognition of the unique sacrifices made by our ex-Armed Forces personnel and in accordance with the principles of the Armed Forces Covenant, LCC offers an exemption from the means test for Disabled Facilities Grants (DFGs) to the following groups:
- Veterans who have served and as a result been injured resulting in a disability in the Regular Armed Forces.
- Reservists who have completed a period of mobilised service and as a result been injured resulting in a disability.
This exemption applies to applications for DFGs to modify a property to meet the needs of a disability.
Evidence Required:
Applicants claiming this exemption will need to provide proof of their eligibility, such as:
- discharge papers for veterans
- service record for reservists
