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The Housing (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Change of circumstances affecting disabled occupant
This section has no associated Explanatory Memorandum

72.—(1) This Article applies where an application for a disabled facilities grant has been approved and before the certified date—

(a)the works cease to be necessary or appropriate to meet the needs of the disabled occupant, or

(b)the disabled occupant ceases to occupy the dwelling or flat concerned or it ceases to be the intention that he should occupy it, or

(c)the disabled occupant dies.

Where the application related to more than one disabled occupant, this Article applies if any of sub-paragraphs (a) to (c) applies in relation to any of them.

(2) This Article applies whether or not the disabled occupant (or any of them) is the applicant (or one of them).

(3) Where this Article applies the Executive may take such action as appears to it appropriate and may decide—

(a)that no grant shall be paid or, as the case may be, no further instalments shall be paid,

(b)that the relevant works or some of them should be completed and the grant or an appropriate proportion of it paid, or

(c)that the application should be redetermined in the light of the new circumstances.

(4) In making its decision the Executive shall have regard to all the circumstances of the case.

(5) If the Executive decides that no grant shall be paid or that no further instalments shall be paid, the Executive may demand that any instalment of the grant which has been paid be repaid forthwith, together with interest from the date on which it was paid until repayment, at such reasonable rate as the Executive may determine.

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