Establishing Likely Eligibility for a Disabled Facilities Grant (Occupational Therapy)

1. Using this Procedure

The procedure will support you to determine whether the person is likely to be eligible for a Disabled Facilities Grant and, as such whether making an application would be beneficial.

This procedure will not tell you whether the person is eligible for a Disabled Facilities Grant. This decision will be made by the local Housing Authority, and must be made within 6 months of any application being received.

2. Establishing Likely Eligibility

The Legal Context of the Disabled Facilities Grant

The Disabled Facilities Grant (DFG) statutory requirements are set out under Section 19- 24 of the Housing Grant, Construction and Regeneration Act 1996. The full legislation relating to Disabled Facilities Grants can be accessed by clicking here.

The DFG is a grant that is managed by the local Housing Authority. It sits outside of adult Care and Support.

The Disabled Facilities Grant is a mandatory grant. This means that it must be provided to a person requesting it when a particular set of criteria is met and circumstances apply.

When the applicant is an adult DFG's are subject to a means test, which includes an assessment of the applicant's resources, and the resources of any spouse, partner or any other family member living at the address to be adapted.

The maximum amount that the Housing Authority can award for a DFG is £30,000. Any means tested contribution is deducted from that amount, with the person expected to pay the difference towards the cost of the works required.

Eligibility

Applications for a DFG can be made by the disabled person (either directly or through a representative when they lack capacity) or by a landlord who is renting out a property to a disabled tenant.

Upon application the Housing Authority must decide whether the proposed adaptation is;

1. Necessary and Appropriate (for which it relies on the recommendation and assessment of an Occupational Therapist); and
2. Reasonable and practicable, based upon the type, age and condition of the building (for which it relies on a structural engineers report).

Broadly speaking the purposes for which a grant must normally be given are;

1. Facilitating the person's access to and from the place where they live;
2. Making the place where the person lives safe for the them and carers to use;
3. Facilitating access to a principle family room;
4. Providing a suitable bedroom, or facilitating access to a bedroom;
5. Providing a room where there is a suitable lavatory, washhand basin and shower or bath (or facilitating access to existing facilities);
6. Facilitating the preparation and cooking of food by the person;
7. Improving or installing a suitable heating system to meet the person's needs;
8. Facilitating the person's access to power, light or heating controls;
9. If the person is a carer to another disabled person living at the address, facilitating their access around the home in order to fulfil their caring role.

DFG eligibility is likely to be met when;

1. The person has at least one need for an adaptation as set out in the HGCRA; and
2. The adaptation proposed is necessary to meet the need; and
3. The adaptation proposed is appropriate to meet the need.

When an application has been approved any arrangements to carry out the adaptation are made between the Housing Authority and the person.

3. Next Steps

When DFG eligibility is likely to be met

All Disabled Facilities Grant applications are made and managed by the Equipment and Adaptations Manager.

Before making a referral to the Equipment and Adaptations Manager you should seek formal agreement from your line manager in supervision that the major adaptation being proposed is the most appropriate and proportionate way to meet the person's assessed needs.

Assuming your line manager is in agreement a referral should be made via e-mail using otandsequipment@lbbd.gov.uk.

The Equipment and Adaptations Manager will then;

1. Carry out a feasibility check in the person's home;
2. Support the person to make the DFG application; and
3. Monitor progress of the application.

If a DFG application outcome, and any subsequent provision of adaptation is not likely to take place for some time you must consider whether;

1. There is appropriate support in place to meet the needs identified during assessment in the interim (either though a carer or an existing Care and Support Plan); and
2. If not, the steps that need to be taken to ensure any urgent needs are met.

If there are unmet urgent needs you must take steps to ensure that these are met. Urgent needs can be met under the Care Act without a determination of eligibility having been made.

If a practitioner from a social work service is already involved with the person you should;

1. Inform them that the DFG outcome is not yet known and that the person appears to have unmet urgent needs;
2. Advise them of a possible timeframe for the DFG outcome; and
3. Provide them with access to any information gathered through assessment so they can prioritise and consider the most appropriate course of action.

If the person is not known to a social work service you will need to decide whether to;

1. Proceed to arrange the urgent support yourself (if you have the capacity and knowledge to do so); or
2. Make an urgent referral/request to a social work service.

You can find out how to access social work services by using the How to Access the Service procedures in each service/team area within this site.

If you will be arranging urgent or interim support yourself click here to access the general procedure, including when to arrange urgent support and how to seek funding agreement for urgent support.

When DFG eligibility is unlikely to be met

DFG eligibility is unlikely to be met if;

1. The person has no needs for an adaptation as set out in the HGCRA; or
2. The adaptation is not necessary to meet the person's needs; or
3. The adaptation is not the most appropriate way of meeting the person's needs.

If any of these apply you should seek formal agreement from your line manager in supervision that the major adaptation being proposed is not the most appropriate and proportionate way to meet the person's assessed needs.

You should then explore and agree what action is now required to ensure that the person's needs are met. This will likely be;

1. A determination of eligibility under the Care Act (the person may have eligible needs under the Care Act even if they did not have eligible needs under the HGCRA); then
2. An exploration of equipment or minor works that may be more appropriate to meet needs; or
3. A request for another service to carry out further assessment and explore alternative options to meet eligible needs (for example a social work service).

Click here to access the procedure for applying the National Eligibility criteria under the Care Act.

If the person is not happy about your decision

If the person is not happy about your decision you should be open to reviewing the available evidence and your rationale to ensure that the decision you have made is robust. You should be open and transparent about the evidence sources you have used and take steps to try and support the person to understand the decision you have made.

Where ongoing disagreement persists you should;

1. Seek the support and advice of your line manager as required;
2. Make a record of any difference of opinion in formal records;
3. Ensure the evidence upon which you have based your decision is robust;
4. Make sure that the regard you have given to the views of the person (and others) and the impact on their Wellbeing is clear; and
5. Make proportionate records of any conversations you have had to try and resolve the differences.

You must also make the person (or their representative) aware of their right to complain about the decision that has been made.

Click here to access information about the different ways a person can complain.