Housing (Scotland) Act 2006

73 When assistance must be provided

(1) A local authority must provide assistance—

(a) under section 71(1)(b) to the owner of a house (or any non-residential premises forming part of the same building as a house) in respect of work in the house (or those premises) which the owner is required by a work notice to carry out, and

(b) in connection with work in a house for either of the purposes set out in paragraphs (e) and (f) of section 71(2), where the house is (or is likely to become or, in the case of a reinstatement, was) a disabled person’s only or main residence.

(2) Where assistance provided under subsection (1)(b) is in respect of work required for providing a house with one or more of the standard amenities such assistance must be provided by way of a grant if—

(a) the house lacks one or more of the standard amenities and, in the opinion of the authority, the amenity or amenities to be provided will meet the needs of a disabled person, or

(b) the house already has the standard amenity in question but, in the opinion of the authority, the amenity to be provided is essential to the needs of a disabled person.

(3) The Scottish Ministers may by regulations make further provision about the type of assistance which must be provided under subsection (1)(b).

(4) Regulations under subsection (3) may, in particular, specify more circumstances in which such assistance must be provided by way of a grant.

(5) A local authority complies with this section if it invites a person to apply for a grant or loan in pursuance of subsection (1) or, as the case may be, a grant in pursuance of subsection (2) and the grant or loan is not provided because—

(a) no application is made,

(b) the application is not made in accordance with section 74, or

(c) any of the conditions mentioned in section 75(4) (so far as applicable) is not satisfied.

(6) The standard amenities are the amenities mentioned in section 86(1)(e), (f) and (fa) of the 1987 Act.

(7) The Scottish Ministers may by order add or remove references in subsection (6) to paragraphs of section 86(1) of the 1987 Act.