Housing (Scotland) Act 2006

82 Payment of grants and loans

(1) A local authority must, if the conditions mentioned in subsection (2) are satisfied, pay a grant or loan—

(a) within one month of the date on which, in the authority’s opinion, the house to which the grant or loan relates becomes fit for occupation on completion of the work to which the grant or loan relates, or

(b) by instalments during the carrying out of the work and a final instalment within one month of that date.

(2) Those conditions are—

(a) that the work has been carried out to the satisfaction of the authority, and

(b) in the case of a loan to be secured by a standard security, that the security has been registered in the appropriate land register.

(3) Where payment of a loan is by instalments, subsection (2)(b) applies to payment of the first instalment.

(4) The payment of an instalment is conditional on the part of the work which the authority considers will entitle the applicant to payment of the instalment having been carried out to the satisfaction of the authority.

(5) The aggregate of instalments of a grant paid before the completion of the work must not at any time exceed the sum calculated using the following formula—

where—

• G is the amount of the grant,

• A is the approved expense, and

• W is the amount of the approved expense referable to the work carried out up to that time.

(6) Subsection (7) applies where—

(a) an instalment of a grant or loan is paid before completion of the work, and

(b) the work is not completed within 12 months of the date of payment.

(7) Where this subsection applies, the applicant to whom the instalment is paid must, if the authority so requires, repay to the authority the instalment and any subsequent instalments together with interest from the date on which each instalment was paid at such rate as the authority may determine.