Housing Grants, Construction and Regeneration Act 1996

45 Condition for repayment on disposal: renovation grants. E+W

(1) It is a condition of a renovation grant that if an owner of the premises to which the application relates makes a relevant disposal (other than an exempt disposal)—

(a) of the whole or part of the premises to which the application relates,

(b) after any instalment of grant has been paid, and

(c) before the certified date,

he shall repay to the local housing authority on demand the amount of grant that has been paid.

(2) It is a condition of a renovation grant that if an owner of the dwelling to which the application relates or, in the case of a conversion application, any dwelling provided by the relevant works, makes a relevant disposal (other than an exempt disposal)—

(a) of the whole or part of the dwelling,

(b) on or after the certified date, and

(c) before the end of the grant condition period,

he shall repay to the local housing authority on demand the amount of grant that has been paid.

In the case of a conversion application the grant shall be treated for this purpose as apportioned equally between the dwellings provided.

(3) A condition under this section is a local land charge and is binding on any person who is for the time being an owner of the premises concerned.

(4) Where the authority have the right to demand repayment of an amount as mentioned in subsection (1) or (2), they may—

(a) if the case falls within subsection (5), or

(b) in any other case, with the consent of the Secretary of State,

determine not to demand payment or to demand a lesser amount.

(5) The cases referred to in subsection (4)(a) are where the authority are satisfied that the owner of the dwelling—

(a) is elderly or infirm and is making the disposal with the intention—

(i) of going to live in a hospital, hospice, sheltered housing, residential care home or similar institution as his only or main residence, or

(ii) of moving to somewhere where care will be provided by any person; or

(b) is making the disposal with the intention of going to live with and care for an elderly or infirm member of his family or his partner’s family.

(6) Any condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises that is an exempt disposal, other than—

(a) a disposal within section 54(1)(a) (disposal to associates of person making disposal), or

(b) a disposal within section 54(1)(b) (vesting under will or on intestacy).

Commencement Information

I1 S. 45 wholly in force; s. 45 not in force at Royal Assent see s. 150; s. 45 in force for certain purposes at 11.9.1996 by S.I. 1996/2352, art. 2(2); s. 45 in force insofar as not already in force at 17.12.1996 by S.I. 1996/2842, art. 3