Gloucestershire County Council
CONTRIBUTION TO DISABLED
FACILITIES GRANT
ADAPTATIONS AS A MEANS OF
MEETING ASSESSED NEED
AUTHOR Victoria Williams
AUTHOR’S TITLE Strategic Planning and Policy Officer
DATE OF POLICY March 2007
AUTHOR OF REVISION (if applicable)
REVISER’S TITLE (if applicable)
DATE OF REVISION (if applicable)
REVISION NUMBER (if applicable)
1
GCC CONTRIBUTION TO DFG ADAPTATIONS AS
A MEANS OF MEETING ASSESSED NEED
Contents
Page
3
Policy statement
3
purpose
3
Scope
3–5
Definitions
5–6
Legal context
Mandatory procedures
Occupational Therapist Assessment Process
FAB Team Assessment Process
G.C.C Financial Assessment
Administration of G.C.C. Financial Contribution
Nil Grant Process
Conditions of provision of financial assistance
6 – 10
6–7
7
8
8–9
9 – 10
10
Practice Guidance
11
Implementation
Monitoring and Review
11
Appendix 1:The G.C.C. Financial Assessment Form
Appendix 2 : The Paediatric OT Panel Request Form
2
12- 15
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Gloucestershire County Council contribution to DFG
adaptations as a means of meeting assessed need
1. Statement
1.1 Gloucestershire County Council is committed to ensuring that assessed
needs are appropriately met and that finite Directorate resources assist those
who are in most need.
2. Purpose
2.1 This purpose of this guidance is to establish a fair and transparent method
of assessing an applicant’s and their spouse or partner or, in the case of a
child, parents/those with parental responsibility (PR), ability to finance the
amount they have been asked to contribute towards an essential adaptation
on their home.
3. Scope
3.1 This guidance applies to Occupational Therapists, working under S31
agreements of the Health Act 1999, Social Care staff working with adults and
children with disabilities and to the Financial Assessment and Benefits Team.
3.2 All owner-occupiers, tenants (council, registered social landlords and
private), licencees and children are potentially eligible to apply for a DFG and
therefore may also be considered for G.C.C. financial assistance under this
guidance. However, tenants of Borough/District Council Housing or
Registered Social Landlords should initially seek assistance from their
landlord. Where a private landlord refuses permission for the works to be
undertaken a grant cannot be given.
3.3 For adults, aged 18 years and older, only needs that are eligible under the
Fair Access to Care Services eligibility criteria (FACS) will be considered for
financial assistance from the Community and Adult Care Directorate
(C&ACD). These will be needs that are assessed as being critical or
substantial.
3.4 Only ‘actual’, not prospective tenants, can apply for a DFG.
4. Definitions
C&ACD – Community and Adult Care Directorate
CRAG – Charging for Residential Accommodation Guide
CYPD – Children and Young People’s Directorate
DFG - Disabled Facilities Grant
EHO - Environmental Health Officer
3
FAB Team – Financial Assessment and Benefits Team
FACS – Fair Access to Care Services Eligibility Criteria
OT - Occupational Therapist
PR - Parental Responsibility. Those awarded PR by the courts have all the
rights, duties, powers, responsibilities and authority which by law a parent of a
child has in relation to the child and his/her property. Those with PR can
include foster parents and Special Guardians. For a full definition please click
on the following link.
http://www.everychildmatters.gov.uk/_files/30ACDD5E0B1C8BA035F48F763B21A401.pdf
TOR - Test of Resources
4.1 Disabled Facilities Grants (DFGs) are used to fund major adaptations to a
property in order to meet the assessed needs of adults and children with
permanent and substantial disabilities. The Occupational Therapists (OTs) will
carry out an assessment and make recommendations to apply for a DFG from
the City and District Councils. The maximum DFG available in England is
£25,000. Some major adaptations may cost more than £25,000. Requests can
be made to the Community and Adult Care Directorate (C&ACD) and to the
Children and Young Persons Directorate (CYPD) to contribute to the shortfall
in funding for adaptations that cost over £25,000 and for any shortfalls in the
DFG funding, where the applicant is unable to fund the shortfall.
4.2 Mandatory DFGs are awarded where the works are required for a person
with a disability to:
 Facilitate access to and from the dwelling/to a principal family
room/sleeping room, toilet, bathing or shower facilities
 Make the dwelling safe for the disabled occupant and other persons
residing with him/her
 Facilitate the preparation of food by the disabled occupant
 Improve/provide a heating system
 Enable the use of power, light or heat
 Enable a person to fulfil their caring responsibilities
4.3 To determine whether the work is ‘necessary and appropriate’ the
Borough/District Council Grants Officer/Environmental Health Officer has a
duty to consult with OTs working in the Local Authority Social Care
Directorates. The OTs assess an individual’s needs and propose
works/adaptations that are both ’necessary and appropriate’ to meeting those
needs.
4.4 The Housing Authority’s assessor, usually a Grants Officer or an
Environmental Health Officer (EHO), assesses whether the proposed works
are ‘reasonable and practicable’.
4.5 For applicants over the age of 19 the EHO/Grants Officer applies a
national means test that calculates if the applicant is eligible for a DFG and
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how much they should receive. This test of resources (TOR) is applied to the
disabled occupant (19 years and over) and their spouse or partner.
4.6 There is no national means test for children/young people under 19. This
means that if a young person’s needs are eligible for a DFG, they can be
awarded a maximum grant of up to £25,000. If there is more than one young
person eligible for a DFG within one family a maximum of up to £25,000 can
be awarded for each child.
5. Legal Context
The National Assistance Act (1948)
The Chronically Sick and Disabled Persons Act 1970
The NHS and Community Care Act 1990
The Children Act 1989
The Health and Social Services and Social Security Adjudications Act
1983 (s17)
The Housing Grants, Construction and Regeneration Act 1996
Regulatory Reform (Housing Assistance) (England and Wales) Order
2002 (Article 3)
The Health Act 1999 (s31)
The Disability Discrimination Act 2005
The Race Relations (Amendment) Act 2000
The Human Rights Act 1998
5.1 Assessments of individual need are carried out by C&ACD and CYPD
under the National Assistance Act (1948), The Chronically Sick and Disabled
Persons Act 1970, The NHS and Community Care Act 1990 and The Children
Act 1989.
5.2 Where a need has been identified and work has been recommended as
being ‘necessary and appropriate’ in meeting this need but a DFG has been
refused, or the amount awarded does not cover the full cost of the adaptation,
the local authority still has a duty to meet this need under (Section 2 (1) (e) of
The Chronically Sick and Disabled Persons Act 1970). The Local Authority
may consider using their powers under The Health and Social Services and
Social Security Adjudications Act 1983 (s17) to charge for their services,
where appropriate.
5.3 C&ACD and CYPD can look at the applicant’s, their spouse or partner, or,
if the applicant is under 19, parent/those with PR means when considering
whether to allocate Local Authority money to fund the adaptation.
5.4 R v Gloucestershire County Council and the secretary of state, ex parte
Barry resulted in the Department of Health issuing LASSL(97)13 –
Responsibilities of local authority social services departments: “Implications of
recent legal judgements” which states:
“It has been the understanding of successive governments that local
authorities are able to take their resources into account in assessing a
person’s need for the services listed in section 2 of the CSDP Act;
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deciding what services to arrange; and arranging those services.”
5.5 A recent ruling, R v Wandsworth LBC, March 2005 resulted in the judge
deciding that local authorities have the right to take the income of parents into
account before agreeing to fund any part of an adaptation for a child with
disabilities:
‘’ a local authority could, in circumstances such as those in the instant case,
properly decline to be satisfied that is was necessary to provide services to
meet the needs of disabled children until it had been demonstrated that,
having regard to their means, it was not reasonable to expect their parents to
provide them,’’
5.6 The current legislative framework governing DFGs (including eligibility
criteria; definitions of mandatory works and of the terms ‘reasonable and
practicable’ and ‘necessary and appropriate’) is laid out in The Housing
Grants, Construction and Regeneration Act 1996. Housing Grants,
Construction and Regeneration Act 1996
5.7 Housing Authorities may offer discretionary assistance in addition to, or as
an alternative to a mandatory DFG under the Regulatory Reform (Housing
Assistance) (England and Wales) Order 2002 (Article 3).
5.8 In Gloucestershire, OTs employed by the local Primary Care Trust assess
the needs of individuals on behalf of C&ACD and CYPD under the terms laid
out in section 31 of the Health Act 1999.
6. Mandatory Procedures
6.1 Occupational Therapists (OT) Assessment Process
6.2 Referrals are made to the adult OT teams via the Customer Services
Officers, and then to the Paediatric OT teams via the Access Team.
6.3 An OT carries out an assessment under the appropriate Acts from which
the need for an adaptation may be identified. The OT assessment process is
detailed in the Gloucestershire Occupational Therapy Good Practice Guide
(available in hard copy only) and on the following process maps.
Paediatric OT process maps
Add hyperlink to Adult OT process maps – currently under review. For more
information contact Sian Waygood.
6.4 Before assisting the applicant, or their parents, in completing a DFG
application the OT will ensure that the proposed work is the most cost
effective solution to meeting eligible assessed needs. In certain
circumstances, a DFG will not be appropriate and alternative solutions must
be explored. In very rare circumstances this may involve considering
alternative housing options, eg moving.
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6.5 OTs will offer to refer all applicants, and/or their parent/carers, to the
Financial Assessment and Benefit (FAB) team. The FAB Team will ensure the
applicant is claiming all the benefits they are entitled to and will apply the
G.C.C test of resources (TOR), in order to determine whether the applicant, or
their parent/carer, is entitled to a financial contribution towards their
adaptation from the Local Authority.
6.6 Applicants, or their parents/people with PR (if the applicant is under 19
years old) have a responsibility to complete and return all relevant financial
and non-financial assessments and paperwork in a timely and honest manner
that enables all appropriate staff to respond accordingly.
7. FAB Team Assessment Process
7.1 The OT sends a referral to the FAB Team. The FAB team clerk records
the referral and arranges an appointment for a FAB Visiting Officer to meet
with the applicant, or their parent/people with PR if the adaptation is for
someone under 19.
7.2 The Visiting Officer completes the financial assessment form (the County
Council Test of Resources) with the applicant, or their parent/ people with PR
(if the adaptation is for someone under 19), gathering as much information as
possible. This assessment is then given to the FAB team manager.
7.3 The FAB team manager calculates a weekly amount that the applicant, or
their parent/ people with PR, could afford to pay towards the DFG shortfall
and advises the referring OT of the results.
7.4 The appropriate Team Manager applies the Branton formula to the
calculated weekly figure. This sum will result in the amount of top-up
Gloucestershire County Council will agree to pay towards the adaptation.
(The FAB Team assessed weekly figure is multiplied by 216 to arrive at the
amount of money an applicant, or their parent/ people with PR, could be
expected to contribute to their DFG. This is the amount they could reasonably
expect to secure a loan for.) 1
7.5 The calculated amount is then taken to the appropriate panel for approval.
7.6 In the CYPD, OTs will complete the short OT panel request form for a
contribution to a DFG.
Add link to new FAB policy and procedures (due June 2007).
‘For loans repayable over 5 years with an APR of 8% then some 16.7% of the total
repayments goes on interest and 83.3% on capital. Given the FAB assessment arrives at a
weekly figure, then over 260 weeks (5 years x 52) some 216 weeks will be on capital
repayment (i.e. 83.3% of 260).’ Thus to arrive at the amount people could be expected to
contribute to their loan is calculated by multiplying the FAB assessed weekly figure by 216’.
Mark Branton 08/05.
1
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8. Gloucestershire County Council financial assessment
8.1 The current national DFG means test takes no account of major outgoings
such as individuals’ mortgage repayments, other significant financial
commitments or circumstances. The County Council TOR will take this
expenditure into account. Tenants in council or registered social housing
should initially apply to their landlord for assistance.
8.2 The financial assessment is intended to identify, on the basis of income
and fixed outgoings, whether the applicant, or their parent/ people with PR,
might be able to secure a loan from a high street bank or building society over
a five year period in order to make their contribution to the cost of the
adaptation. For adults the assessment will take into account the income and
savings of the applicant and their spouse or partner.
8.3 If the works are to help a young person (under 16, or under 19 years of
age if still in full-time, non-advanced education) it is the income and savings of
the parent/ people with PR that are assessed.
8.4 Two sets of adaptations may be required in the case of split care
arrangements for children/young people with a disability. However, “a
mandatory DFG is only available at the address which is the main residence
of the disabled occupant, as determined by the Local Authority” from
Delivering Housing Adaptations for Disabled People: A Good Practice Guide
(DCLG, 2006)
8.5 All applications for financial assistance from either Directorate will be
considered by the appropriate locality panel in the C&ACD and by the
Children and Young People with Disabilities (CYPwD) panel (panel proformas
under development, see Alison Cathles)..
8.6 Once financial assistance has been agreed by panel this is entered in the
finance schedule on ERIC as a one off payment by the adult clerk in C&ACD
adult clerk against the Community Care budget code. In the CYPD financial
assistance agreed by panel has it’s own DFG budget code. This is recorded
on the Service Manager’s, Children and Young People with Disabilities/SEN,
DFG spreadsheet.
8.7 Criminal Injuries Compensation Awards and Vaccine Damage payments
will not be taken into account when assessing income (in line with CRAG).
However, civil compensation awards will be included as capital.
8.8 Any capital over £21,000, as set by CRAG in April 2006, should be used
by the household to contribute towards the cost of an adaptation.
9. Administration of County Council Financial Contribution to
DFGs
9.1 Work on any agreed adaptation will only commence once all the money
needed to finance the whole of the adaptation has been guaranteed.
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9.2 In order to reduce the possibility of fraud, applicants will not receive any
agreed C&ACD or CYPD funding directly.
9.3 The local District Council Grants Officers or local HIA will act as agent
both for the administration of DFG funding and for the agreed County Council
contribution.
9.4 The local District Council Grants Officer will clarify what works are eligible
for grant aid and will manage and check the quality of building works.
9.5 The OT will visit at completion of the work to confirm whether it meets the
functional needs of the disabled person.
9.6 If contractors need interim payments prior to finishing an adaptation this
will initially be sought from the applicant, or their parent/carer’s contribution,
then the County Council contribution and finally from any DFG.
9.7 The final instalment of the grant and top up should not be released to the
contractor until the works has been checked by someone from the OT service
and assessed as being ‘fit for purpose’.
9.8 If the GCC financial contribution to a DFG is going to be administered by a
HIA/Grants Officer the money will be given over to them as soon as panel has
agreed the contribution.
9.9 If the building work is not satisfactory then no monies will be paid to the
builder. (See section 39 of the Housing Grants, Construction and
Regeneration Act 1996 “Where an amount of grant is payable, but the works
in question have not been executed to the satisfaction of the applicant, the
local housing authority may at the applicant's request and if they consider it
appropriate to do so withhold payment from the contractor.
If they do so, they may make the payment to the applicant instead.”)
9.10 To secure financial assistance for unforeseen costs OTs will initially
make a request for this funding from the Grants Officer, then, if necessary,
they will complete a panel application to meet these expenses.
9.11 If the applicant dies or ceases to live at home before work on the
adaptation has started the work will be cancelled and all money returned.
9.12 If the work on the adaptation has started but the applicant dies or ceases
to live at home before it has been completed the Grants Officer will ensure
that any work is completed to a reasonable standard and in the most cost
effective way. How the work is completed will depend upon how far the
adaptation has progressed.
10. Nil grant process
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10.1If an applicant is not awarded any money from a DFG, this is recorded as
a ‘nil-grant’ by the Grants Officer/EHO. This may prove significant if the
applicant has to apply again for a different adaptation need in the future.
10.2 Applicants who are given a ‘nil-grant’ outcome for an adaptation that has
been deemed ‘necessary and appropriate’ will be referred to the FAB Team
for financial assessment.
10.3 As above, any agreed County Council contribution will be managed by
the local Grants Officer/EHO who will manage and run the case as a ‘nilgrant’.
11. Conditions of provision of financial assistance
11.1 Where the C&ACD or CYPD contribution is for £1,000 or less, this would
be given as a grant and will not be recoverable.
11.2 Where the C&ACD or CYPD contribution exceeds £1,000 and the
adaptation is for a disabled person living in an owner occupied residence this
would be regarded as a loan and will be registered as an equitable charge on
the property to be repaid when the house is sold.
11.3 A legal charge will not be placed on a property where an adaptation will
depreciate the value of the property, eg. where a through floor lift is installed.
Click on hyperlink to Deferred Payments and Legal Charges
11.4 Changes to the applicant/family’s personal circumstances during the
application process will be reassessed using the G.C.C. financial TOR.
11.5 If the applicant wants the adaptation to be completed by a competent
family member or friend monies from a DFG and any G.C.C. contribution will
be given towards the cost of materials but not labour. (Housing Grants,
Construction and Regeneration Act 1996)
12 . Practice Guidance
12.1 Where possible, any building work or adaptation that receives financial
support from the C&ACD or CYPD should be carried out by builders in receipt
of the Department of Trade and Industry Quality Mark or appropriate British
Standard for the work undertaken.
12.2 It would be good practice to explore the possibility of creating a
countywide database that holds information on adapted properties in the area.
This would enable other disabled/older people to have access to purchasing a
property that could be readily adapted to meet their needs in the future.
12.3 Where an applicant, or in the case of young people under the age of 19
their parent/people with PR, is neither an owner occupier nor a tenant the
decision to contribute to an adaptation will be decided upon on a case by case
basis.
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13.Implementation
13.1 Staff will be made aware of this policy via: This Week in the CYPD and
the C&ACD, the C&ACD/CYPD Planning, Policy and Projects Website.
13.2 It is the responsibility of Managers to ensure that operational staff are
aware of this policy and have received appropriate training to enable them to
implement it efficiently.
14. Monitoring and Review
14.1 National changes to the Disabled Facilities Grant are expected to be
proposed and to come into effect before the end of 2007. This guidance will
be reviewed in 12 months time or when the changes are implemented,
whichever comes first.
14.2 The responsibility for monitoring and reviewing the policy lies jointly with
the appropriate Managers in the CYPD and the C&ACD.
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The Assessment
The assessment is adapted from the DfES standardised means test for
adoption and special guardianship financial support. The assessment differs
from the current adult charging policy as it considers the income of the
household rather than the individual service user. This has been suggested
for all owner-occupiers as an adaptation could add value to a property and
could benefit more than just the service user.
If adaptations are likely to devalue a property a legal charge will not be placed
on the property.
Only adults with parental responsibility for a child/young person (c/yp) with
disabilities will be assessed for their ability to pay for an adaptation to meet
the c/yps needs.
Service users and their families will be encouraged to note all disability related
expenses.
The relevant panel in children/adults services must approve all applications
made to the CYPD or C&ACD to contribute to essential adaptations.
Criminal Injuries Compensation Awards and Vaccine Damage payments will
not be taken into account when assessing income (in line with CRAG).
However, civil compensation awards will be included as capital.
GCC FINANCIAL ASSESSMENT FOR DFG FINANCIAL SUPPORT ( based on the
DFES adoption support and special guardianship financial support model
means test)
MEANS TEST
All figures should be calculated on a weekly basis
1) PROJECTED FAMILY INCOME
i) Pay
Basic net weekly pay
Drawings if self employed
Total subsection 1i
ii) Benefits and pensions (household)
Employers' sick pay (after compulsory deductions)
Incapacity benefit
Statutory maternity, paternity and/or adoption pay
and/or maternity allowance
Bereavement benefit
Working tax credit (if paid directly and not as part of
pay and excluding any childcare element paid)
All pension payments being received
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Income 1
0
0
0
Incom
Parent 1
0
0
Pare
0
0
0
0
Other benefits
Total subsection 1ii
iii) Benefits
Income Support/Jobseeker's Allowance per
household
Child tax credit per household
Child benefit for each child, excluding child/children
who are the subject of this assessment application
Total subsection 1iii
0
0
0
0
0
0
iv) Other sources of income
Income from capital, savings and investments over
£21k - net weekly interest eg Bank/Building Society
Accounts, Savings/Income Bonds, Stocks and
Shares less 10%, ISAs, PEPs, TESSAs etc,
Premium bonds
Income from boarders/lodgers (see guidance for
details of calculation)
Income from unfurnished properties
Income from furnished properties
Maintenance payments received for any child in
household
Existing adoption or special guardian 'allowances'
(including any enhancements or specific payments
for special needs) paid for any child
Total subsection 1iv
0
0
0
0
0
0
0
v) Income relating to child(ren) being adopted or
becoming a special guardian child
Any regular interest on capital and/or income in
which the child(ren) has a legal interest and
entitlement e.g. trust fund, property or other type of
legacy. Do not include payments from Criminal
Injuries Compensation Awards/VDP – do include
other compensation payments
Any other income
Total subsection 1v
0
0
0
TOTAL PROJECTED FAMILY INCOME
FAMILY INCOME FOR PURPOSES OF TEST
0
0
2) PROJECTED FAMILY EXPENDITURE
i) Home
Mortgage payments (capital and interest) including
any endowment payments linked to mortgage
Rent (after any housing benefit payable)
Council tax (after any council tax benefit payable)
Total subsection 2i
13
0
0
0
0
ii) Other outgoings
Loan repayments for essential purposes (see
guidance notes)
Maintenance payments
Court orders
Private pension contributions
National insurance if self employed
Disability Related Expenses
0
0
0
0
0
0
Cost of Social Care Services
0
Reasonable child care costs including nursery fees
(after any childcare element paid as part of the
working tax credit)
Total subsection 2ii
0
0
iii) Core regular family expenditure
Based on 125% income support allowances per
household
Total subsection 2iii
0
0
TOTAL PROJECTED FAMILY EXPENDITURE:
0
CALCULATION
Total projected net family income (per week):
Total projected family expenditure (per week):
Applicable amount AA (per week):
Apply Branton formula = AA x 216
Total amount household could afford to contribute to
DFG top-up
0
0
0
0
The ‘Branton formula‘ - For loans repayable over 5 years with an APR of 8% then some
16.7% of the total repayments goes on interest and 83.3% on capital. Given the FAB
assessment arrives at a weekly figure, then over 260 weeks (5 years x 52) some 216 weeks
will be on capital repayment (i.e. 83.3% of 260).’ Thus to arrive at the amount people could be
expected to contribute to their loan is calculated by multiplying the FAB assessed weekly
figure by 216’. Mark Branton 08/05.
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Request for Disabled Facilities Grant shortfall funding
Date:
PRN:
Name of child:
DOB:
Family name if different:
Address:
Brief description of child’s condition:
Brief description of adaptation work being done and reason:
Total cost of work:
Results of FAB assessment:
Shortfall Amount requested:
Signed:
Occupational Therapist…………………………Date:
Signed…………………………………………Date:
Team Manager Children's Occupational Therapy Service
Signed………………………………………. Date:
Children and Young People with Disabilities Service Manager
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References:
Cornwall ref cc11
East Sussex County Council
Delivering Housing Adaptations for Disabled People: A Good Practice Guide
ODPM
Nottinghamshire County Council
Middlesborough
Community Practice and the Law, M. Mandelstam, 2005
disabled facilities grant booklet, ODPM 2006
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