Applying for a Disabled Facilities Grant and Next Steps (Occupational Therapy)

1. The Legal Context of the Disabled Facilities Grant

The Disabled Facilities Grant (DFG) statutory requirements are set out under Section 19- 24 of the Housing Grant, Construction and Regeneration Act 1996. The following is a short summary of the key aspects of Disabled Facilities Grants. The full legislation relating to Disabled Facilities Grants can be accessed by clicking here.

Further information on Disabled Facilities Grants may be found by clicking here.

The DFG is a grant that is managed by the local Housing Authority. It sits outside of adult Care and Support.

The Disabled Facilities Grant is a mandatory grant. This means that it must be provided to a person requesting it when a particular set of criteria is met and circumstances apply.

When the applicant is an adult DFG's are subject to a means test, which includes an assessment of the applicant's resources, and the resources of any spouse, partner or any other family member living at the address to be adapted. However, receipt of means tested benefits acts as a passport through the means test.

The maximum amount that the Housing Authority can award for a DFG is £30,000. Any means tested contribution is deducted from that amount, with the person expected to pay the difference towards the cost of the works required.

Example:
Joe requires adaptations to his home at a cost of £25,000. Following a means test Joe has been told that he must pay £5000 towards this amount himself. This means that the Housing Authority will contribute £20,000.

Applications for a DFG can be made by the disabled person (either directly or through a representative when they lack capacity) or by a landlord who is renting out a property to a disabled tenant.

2. Establishing Likely Eligibility

Before making a referral to the Housing Authority it is prudent to consider the person's likely eligibility for a Disabled Facilities Grant.

Establishing whether a person is likely to meet the HGCRA criteria for a Disabled Facilities Grant at this stage will prevent inappropriate referrals being made and any delay in meeting the person's needs through other available means.

DFG eligibility is likely to be met when all of the following apply:

  1. The person has at least one need for an adaptation as set out in the HGCRA; and
  2. The adaptation proposed is necessary to meet the need; and
  3. The adaptation proposed is appropriate to meet the need.

3. Next Steps

When DFG eligibility is likely to be met

You should explain to the person that you have considered their likely eligibility for a Disabled Facilities Grant and that, based on this you recommend that a referral to the Housing Authority is made.

With the person's consent you should then:

  1. Put together a specification of works;
  2. Obtain quotes for the works; and
  3. Make a referral to the Housing Authority, submitting the above.

Referrals should be made in line with local processes and requirements.

The Housing Authority will liaise with the person to:

  1. Complete a Disabled Facilities Grant application;
  2. Carry out a financial means assessment;
  3. Survey the property;
  4. Approve the grant so that the applicant may instruct contractors.

In addition to making the referral you should:

  1. Ensure that interim equipment is in place as required whilst works are underway;
  2. Monitor progress of the works;
  3. Review whether the adaptation is meeting the person's needs as intended;
  4. Liaise with social work practitioners if the adaptation has had an impact on the level of care and support required.

When DFG eligibility is unlikely to be met

DFG eligibility is unlikely to be met if:

  1. The person has no needs for an adaptation as set out in the HGCRA; or
  2. The adaptation is not necessary to meet the person's needs; or
  3. The adaptation is not the most appropriate way of meeting the person's needs; or
  4. The person's income, savings and circumstances are such that their assessed potential contribution is greater than the cost of the works.

If any of these apply you should explain to the person that you have considered their likely eligibility for a Disabled Facilities Grant and that, based on this you do not recommend that a referral to the Housing Authority is made.

If the person is in agreement you should explore and agree what action is now required to ensure that their needs are met. This will likely be:

  1. A determination of eligibility under the Care Act (the person may have eligible needs under the Care Act even if they did not have eligible needs under the HGCRA); then
  2. An exploration of equipment or minor adaptations that may be more appropriate to meet needs; or
  3. A request for another service to carry out further assessment and explore alternative options to meet eligible needs (for example a social work service).

Click here to access the procedure for applying the National Eligibility criteria under the Care Act.

If the person is not happy about your decision

If the person is not happy about your decision you should be open to reviewing the available evidence and your rationale to ensure that the decision you have made is robust. You should be open and transparent about the evidence sources you have used and take steps to try and support the person to understand the decision you have made.

Where ongoing disagreement persists you should:

  1. Seek the support and advice of your line manager as required;
  2. Make a record of any difference of opinion in formal records;
  3. Ensure the evidence upon which you have based your decision is robust;
  4. Make sure that the regard you have given to the views of the person (and others) and the impact on their Wellbeing is clear; and
  5. Make proportionate records of any conversations you have had to try and resolve the differences.

You must also make the person (or their representative) aware of their right to complain about the decision that has been made.

Ultimately the person can still approach the Housing Authority directly to make a DFG application, although it is unlikely that this will be agreed on the basis that you are not able to support the application.

If a DFG is not approved by the Housing Authority

Any decision made about next steps should be made with regard to:

  1. The views of the person about what the next steps should be;
  2. The views of any carer; and
  3. The impact of any decision/action on the person's Wellbeing.

If the person intends to proceed to arrange for the adaptation to be carried out using their own financial resource you must provide them with good information and advice about:

  1. Available contractors that can carry out the required adaptation;
  2. Specialist advice sources that may be beneficial to them (for example financial advice experts);
  3. Other options that may be appropriate, such as equipment solutions (subject to an eligibility determination under the Care Act).

If the person wishes to arrange for the adaptation to be carried out it is their responsibility to make the arrangements to do so (with support of their informal networks as required). The Local Authority only has a duty to meet needs that have been determined eligible under the Care Act, not the HGCRA.

If the person wishes to explore other ways to meet their needs you must establish eligibility under the Care Act, unless it is likely that those needs are to be met through a prevention service.

Click here to access the procedure for applying National Eligibility criteria under the Care Act.

Until eligibility under the Care Act has been determined conversations about ways to meet needs should always be:

  1. Strengths based to promote independence and resilience; and
  2. Broad rather than specific.