Housing Grants, Construction and Regeneration Act 1996

40 Applicant ceasing to be entitled before payment of grant

(1) This section applies where an application for a grant is approved but before the certified date the applicant ceases to be a person entitled to a grant of that description.

In the case of a joint application this section does not apply unless all the applicants cease to be so entitled.

(2) Where this section applies—

(a) in the case of a renovation grant, disabled facilities grant or HMO grant, no grant shall be paid or, as the case may be, no further instalments shall be paid, and

(b) in the case of a common parts grant approved on a landlord’s application, the local housing authority may refuse to pay the grant or any further instalment,

and the authority 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 authority may determine.

(3) For the purposes of this section an applicant ceases to be a person entitled to a renovation grant—

(a) in the case of an owner’s application—

(i) if he ceases to have a qualifying owner’s interest, or

(ii) if he ceases to have the intention specified in the owner-occupation certificate or certificate of intended letting which accompanied the application;

(b) in the case of a tenant’s application—

(i) if he ceases to be a qualifying tenant of the dwelling, or

(ii) if the application was accompanied by a certificate of intended letting and the landlord ceases to have the intention specified in the certificate; or

(c) if the application was approved under section 13(5) (approval of grant in respect of works to unfit premises) and the authority cease to be satisfied of the matters mentioned in that provision.

(4) For the purposes of this section an applicant ceases to be a person entitled to a disabled facilities grant—

(a) in the case of an owner’s application—

(i) if he ceases to have a qualifying owner’s interest, or

(ii) if he ceases to have the intention specified in the owner’s certificate which accompanied the application;

(b) in the case of a tenant’s application—

(i) if he ceases to be a qualifying tenant of the dwelling, or

(ii) if the application was accompanied by an owner’s certificate and the landlord ceases to have the intention specified in the certificate.

But if the case falls within section 41 (change of circumstances affecting disabled occupant), the authority shall act under that section.

(5) For the purposes of this section an applicant ceases to be a person entitled to an HMO grant—

(a) if he ceases to have a qualifying owner’s interest in the house;

(b) if he ceases to have the intention specified in the certificate of future occupation which accompanied the application; or

(c) if the application was approved under section 28(5) (approval of grant in respect of works to unfit premises) and the authority cease to be satisfied of the matters mentioned in that provision.

(6) For the purposes of this section an applicant whose application is a landlord’s application for a common parts grant ceases to be a person entitled to a grant—

(a) if he ceases to have an owner’s interest in the building;

(b) if he ceases to have a duty or power to carry out the relevant works; or

(c) if the application was approved under section 18(4) (approval of grant in respect of works to unfit premises) and the authority cease to be satisfied of the matters mentioned in that provision.

(7) This section has effect subject to section 56 (provisions relating to death of applicant).