Housing Assistance Policy

Page No:

1.0 Introduction 3

2.0 Purpose and Form of Housing Assistance 3

3.0 Persons Eligible for Housing Assistance 4

4.0 Making a Formal Application 4-5

5.0 Restrictions on Assistance 5

6.0 Supervision of Works 6

7.0 Paying for the Work 6

8.0 Types of Housing Assistance 7-9

9.0 Repayment of Housing Assistance 9-10

10.0 Enquiries and Applying for Assistance 11

11.0 Decision and Notification 11

12.0 Re-determination of the Assistance 11

13.0 Appeals Against Decisions 11-12

14.0 Conditions Common to all Types of Housing Assistance 13

15.0 Data Protection and Fraud 14

16.0 Insurance 15

17.0 Unforeseen Works 15

Appendix 1: Calculation of the Assistance and the Test of Resources, 16

or Means Test

Appendix 2: Useful contacts 17

Appendix 3: Links to the Decent Homes Standard and the Housing 18

Health and Safety Rating System (HHSRS)

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 HOUSING ASSISTANCE POLICY
1.0 INTRODUCTION

1.1 This Policy, made under the Regulatory Reform (Housing Assistance) (England and Wales)
Order 2002, commenced on 1 July 2012. It was reviewed and revised in October 2015 and
extended by agreement with the Council’s Housing Portfolio Holder for a further 2 year period. It
has been further revised with effect of April 2018 and forms part of the Housing Strategy 2017 -–
2022.

1.2 The Policy sets out the basis on which Epping Forest District Council will offer repayable
financial assistance (“Housing Assistance”) for works of repair, renewal or adaptation in the private
housing sector. It is to be read in conjunction with Housing Grants Construction and Regeneration
Act 1996 as amended and the Council’s Housing Strategy.

1.3 With the exception of mandatory Disabled Facilities Grants (DFGs) all Housing Assistance
referred to in this Policy is discretionary and subject to the Council having sufficient funds. DFGs
will continue to be processed in accordance with the appropriate legislation, although the Policy
does affect the amount of an individual DFG that will be repayable on the sale or transfer of the
property following completion of work.

1.4 This Policy will be subject to review and amended as required to take into account
changing policies at national and regional level and all available information on the condition of
private sector housing in the District.

1.5 The Aims of this Policy are:

• To improve and protect the wellbeing of vulnerable residents.

• To Improve and protect the environment and neighbourhood.
• To seek to maximise use of external funding opportunities.

2.0 PURPOSE AND FORM OF HOUSING ASSISTANCE

2.1 Housing Assistance may be offered by Epping Forest District Council in accordance with
this Policy towards the cost of: -

a) The improvement, repair or adaptation of existing living accommodation including mobile

homes and houseboats;
b) The creation of new living accommodation by bringing back into use empty properties; and,
c) Any other initiatives consistent with the aims and objectives of the Council's Housing
Strategy.

2.2 Housing Assistance may be offered in any form including but not restricted to loans or loan
guarantees, grants, advice, provision of materials and carrying out of works. Some forms of
financial assistance are provided by, and/or delivered in conjunction with, the Council's Home
Improvement Agency, Caring and Repairing in Epping Forest (C.A.R.E.). The Council may enter
into partnership with other organisations or agencies to deliver financial assistance.

2.3 The specific types of Housing Assistance available in this Policy, the conditions for eligibility
and the amounts for each type of assistance are specified in Part 8 of this Policy.

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3.0 PERSONS ELIGIBLE FOR HOUSING ASSISTANCE

3.1 Any person who makes an application for Housing Assistance must:

a) Be over 18 years of age at the date of the application; and,

b) Be able to provide evidence that they have a valid national insurance number; and,

c) Live, or in the case of Empty Homes Repayable Assistance intend to live, in the dwelling as
his/her main residence; or intend to let to a tenant for a period of at least 12 months and,

d) Prior to the application, the property must be (with the exception of Empty Homes
Repayable Assistance) lived in by the owner for at least:

• One year in the case of Small Works Repayable Assistance and Decent Homes
Repayable Assistance for houseboats and mobile homes;
• One year for Small Works Repayable Assistance and Decent Homes Repayable
Assistance for other dwelling types; and,

e) Have an owner’s interest in the dwelling (other than an interest by virtue of being a
Registered Social Landlord under Part 1 of the Housing Act 1996 or being eligible for such
registration), or be a tenant or licensee of the dwelling, alone or jointly with others but not
being a member of the landlord’s family, with a valid tenancy or license permitting
occupation of the dwelling after approval of the assistance; and,

f) Have the power or duty to carry out the works and where appropriate have the owner’s
consent in writing to carrying out the works; and,

g) Satisfy such test(s) of resources (see Part 8 and Appendix 1 of this Policy) as determined
by the Council; and,

h) Not be ineligible by virtue of the Housing, Grants, Construction and Regeneration Act 1996,
Housing Act 2004, Regulations made under the Acts or any other enactment.

4.0 MAKING A FORMAL APPLICATION

4.1 All applications must be on a form provided by the Council and must include the following
original documentation: -

a) Where the estimated cost of the work is below £2,000, one quotation is required set out on
the Schedule of Work provided by the Council. Where the estimated cost of the works is
from £2,000 up to £5,000, a minimum of two such quotations is required. If the estimated
cost of the works is £5,000 or above, a minimum of three quotations is required. The
Council may accept fewer than the specified number of quotations where the work involves
specialist services or the nature of the work makes it reasonable to do so. The Council
reserves the right to require additional quotations in all cases; and,

b) Particulars of the work to be carried out including where appropriate plans, schedules of
work/specifications and specialist reports; and,

c) Details of any professional fees or charges relating to the work and for which Assistance is
being sought; and,

d) Confirmation of Planning, and/or Building Regulation approval, and/or a Party Wall Act
Notice having been served where appropriate; and,
e) Permission from the Housing Authority if the property was formerly in Council ownership;
and,

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 f) Proof of ownership from a solicitor or mortgagee, or copies of the title deeds/land
certificate, or copy of the tenancy agreement or licence to occupy; and, A signed
undertaking to repay the Housing Assistance if the conditions imposed by this Policy as to
future occupation are breached.

4.2 Except in the case of mandatory DFGs, where a property is jointly owned and one or more
of the owners is not resident at the property, when assessing the contribution, it will be the income
and savings of all owners that will be taken into account not just that of the owner(s) resident at the
property.

4.3 The application will only be considered complete (a ‘formal application’) when the Council
has all the information it needs to be able to make a decision on the application. Part 10 explains
how to go about making initial enquiries and the processes involved before the application is
considered to have been formally made.

4.4 Except where the applicant has received agreement before the application for Housing
Assistance has been approved that the work may be carried out on a DIY basis, the Council
requires that all work that receives Housing Assistance must be carried out by a reputable
contractor with a proven record. Details of the Council's requirements in respect of choice of
builder (See part 14.0) are available by contacting the Grants Team in the Communities
Directorate or C.A.R.E. (contact details at the end of this Policy). Works carried out on a DIY basis
will attract funding for materials only. Quality of works will be at the owners risk and competence.
Payment will only be made upon satisfactory completion of works as required by the Council.

5.0 RESTRICTIONS ON ASSISTANCE

5.1 Assistance will only be given for work started before formal approval of an application if
prior consent has been granted. Examples of the circumstances under which this might happen
are, but not limited to:

a) Where the defect presents a serious risk to health and safety;

b) Where the relevant works are being carried out in order to comply with a statutory notice
served by the Council.

5.2 In these circumstances the Council may treat the application as varied so to exclude any
works that have been started before approval;

5.3 The Council will not consider an application for Assistance in respect of premises built or
converted less than 10 years prior to the date of the application, except in the case of an
application for a DFG except in special circumstances, for example where the defect presents a
serious risk to health and safety.

5.4 No Assistance will be given in respect of properties owned by Statutory Authorities or

trusts. This includes properties owned by NHS Trusts and Police Authorities. Applications for
DFGs will be considered from applicants who are tenants of Registered Housing Providers but in
these cases landlords will be expected to make a contribution towards the cost of the work.

5.5 The Council will not approve an application for Assistance if the relevant works have been
completed.

5.6 The Council will not consider an Application for works which are subject to an insurance
claim.

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6.0 SUPERVISION OF WORKS

6.1 In the absence of any agency agreement with C.A.R.E., the responsibility for supervision or
inspection of the works rests with the applicant or with any suitably qualified and indemnified
building professional or agent acting on the applicant’s behalf and not with the Council.

7.0 PAYING FOR THE WORK

7.1 The Housing Assistance will only be paid if:

a) The assisted works are completed within six months from the date of approval for Small
Works Repayable Assistance and Empty Homes Repayable Assistance and within twelve
months for all other forms of Assistance; and,

b) The assisted works are carried out in accordance with the Schedule of Work and/or a
Specification set out in the formal Approval Notice, or as varied with the agreement of the
Council; and,

c) The assisted works are carried out to the satisfaction of the Council. Where the works in
question have not been executed to the satisfaction of the applicant, the Council may at the
applicant’s request and if they consider it appropriate to do so withhold payment from the
Contractor. If they do so, the Council may make the payment to the applicant instead.

d) In the case of Empty Homes Repayable Assistance, the Housing Assistance will be paid on
confirmation by the Empty Homes Officer that the property is occupied which must be
within 6 weeks of completion of work unless otherwise agreed by the Council.

e) Payments shall be conditional upon receipt of an acceptable invoice accompanied by any

supporting documentation e.g. damp proofing guarantee, certificate issued by Gas Safe
Register contractor for gas installations, electrical work completed under a scheme for
approved document Part P as able to certify their own electrical work; window and door
installations under FENSA or a similar approved organisation as appropriate and a
certification of completion if the work was subject to the Building Regulations.

f) The Council may cancel the Assistance application should reasonable progress not be
made or works not started within 6 or 12 months respectively.

7.2 If the cost of the work varies because of agreed changes in the Schedule of
Work/Specification, the Council may vary the amount of financial assistance payable and notify the
applicant accordingly. The Assistance shall not exceed the maximum allowance.

7.3 The Council will pay the approved Housing Assistance direct to the builder or contractor(s)
engaged by the applicant. The Council will not do so unless the applicant was informed before the
application was approved that this would or might be the payment method. Where the applicant
has already paid the contractor, payment will be direct to the applicant on production of a receipted
invoice and satisfactory completion of works as inspected by the Council.

7.4 The Housing Assistance will be paid in one lump sum on satisfactory completion of the
works. Interim payments will only be made where there is consideration as to the scope and or
complexity of the works, and where the Council is satisfied the value of the work completed
exceeds the value claimed. The total value of interim payments shall not exceed 90% of the
Housing Assistance approved sum.

7.5 The Council will not enter into any contract with a builder or contractor. In the absence of
any agency agreement between the applicant and C.A.R.E. it is a responsibility for the applicant to
agree any contract with the builder or contractor.

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8.0 TYPES OF HOUSING ASSISTANCE

8.1 The types of Housing Assistance offered under this Housing Assistance Policy and the
conditions applicable are as follows and will remain so until the Policy is revised and published.
With the exception of mandatory DFGs, all the types of financial assistance listed below are
discretionary, repayable and are subject to the Council having sufficient resources.

8.2 Small Works Repayable Assistance is available:

a) Where there is a significant Hazard under the Housing Health and Safety Rating System
(HHSRS) within the property (as defined under the Housing Act 2004) having regard to the
occupier, a defect which is likely to damage the fabric of the property unless repaired or
works to improve the thermal comfort of the dwelling. (Guidance on the HHSRS ,as defined
by Central Government, can be found through the link as stated in Appendix 3).

b) The maximum eligible expense is £3,000 per application over a rolling 12 month period
(from completion). This includes reasonable fees incurred in making the application and
VAT at the current rate.

c) Applicants must be 60 years or above, or be chronically sick or disabled, or be a household

with dependent children.

d) The applicant must satisfy a test of resources and/or be in receipt of a means tested
benefit.

e) Owner occupiers and long leaseholders are eligible to apply.

f) Owners of houseboats and mobile homes must have been resident for at least one year
prior to making an application. The Council may consider waiving this requirement in
exceptional circumstances.

g) The applicant will enter into an agreement to repay to the Council the whole amount of the
Assistance paid on the sale, transfer or any other disposal of the Applicant’s interest in the
property.

8.3 Decent Homes Repayable Assistance is available:

a) Where there is a significant Hazard within the property or disrepair which amounts to a
breach of the Decent Homes Standard. (Guidance on the Decent Homes Standard, as
defined by Central Government, can be found through the link in Appendix 3).

b) The maximum eligible expense is £10,000 per application over a rolling 12 month period
(from completion). This includes reasonable fees incurred in making the application and
VAT at the current rate.

c) So far as is reasonably practicable eligible works will be those works necessary to ensure
the property meets the Decent Homes Standard on completion of works.

d) Applicants must be 60 years or above, or be chronically sick or disabled, or be a household

with dependent children.

e) The applicant must satisfy a test of resources and/or be in receipt of a means tested
benefit.

f) Owner occupiers and long leaseholders are eligible to apply.

g) Owner occupiers and long leaseholders must have been resident for at least one year prior
to making an application. The Council may consider waiving this requirement in
exceptional circumstances.

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 h) The applicant will enter into an agreement to repay to the Council the whole amount of the
Assistance paid on sale, transfer or any other disposal of the Applicant’s interest in the
property.

8.4 Empty Homes Repayable Assistance may be available:

a) Where a property has been vacant for a minimum period of six months before the
application is submitted and been subject to inspection by the Council.

b) The maximum eligible expense is £10,000 inclusive of VAT and reasonable fees.

c) Provided the applicant meets the general eligibility criteria described in Part 3 of this policy,
there is no requirement meet any test of resources or means test as described in Appendix
1.

d) Eligible works will be those specified as result of inspection. So far as is reasonably

practicable works considered for Assistance will be those for repair and or improvement to
return the property to a Decent Homes Standard or authorised suitable for occupation.
Retrospective works will not be considered for Assistance.

e) Persons intending to live in or let the property are eligible to apply. Priority will be given to
applications from;
• Persons intending to let the property to a tenant nominated by the Council or to a key
worker employed within the District;
• First time buyers intending to live in the property as an owner occupier;
• Key workers employed within the District intending to live in the property as primary
home and owner occupier.

f) The applicant will enter into an agreement;

• That the property be occupied within 6 weeks of satisfactory completion of the works
as approved by the Council or such other time as agreed by the Council;
• That where a property is to be let, it will be for a minimum term of 12 months and in
such cases where the first tenancy is not continued for the full term, that a new
tenancy is immediately secured to meet the 12 month minimum criteria. To repay to
the Council the whole amount of Assistance paid, where the property becomes
empty for a period of 6 months or more within the next 3 years.
• To repay to the Council the whole amount of the Assistance paid on sale, transfer or
any other disposal of the applicant’s interest in the property.

8.5 Mandatory Disabled Facilities Grants (DFGs). The provisions for processing Mandatory
DFGs and the conditions attached to them are laid down in the Housing Grants Construction and
Regeneration Act 1996 as amended. The purposes for which a DFG must or may be given are
subject to section 23 (1) of the Act and are to provide, but not limited to;

• Essential facilities within the home, such as a bathroom adaptations; and/or,

• Essential adaptations to give better freedom of movement into, around the home and to
essential facilities within it, such as a stairlift or ramped wheelchair access.

8.6 The amount of the Grant is determined by the "Test of Resources" or means test carried
out on the person that the work is being carried out for. If this person is under 16 years of age, or is
aged 16 to 19 and is entitled to Child Benefit for being still in full-time non-advanced education (i.e.
up to and including A level) no means test is carried out and the Grant is for the full cost of the
work up to the maximum eligible expense limit. Appendix 3 to this Policy gives details of the means
test. The maximum eligible expense for mandatory DFGs is currently £30,000 which includes
reasonable fees incurred in making the application and VAT at the current rate.

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8.7 Regardless of who the work is for, the application must be made by the legal owner, tenant
or landlord of the dwelling and any applicant must be over 18 at the time the application is made.
Tenants must get their Landlord’s permission before the grant can be approved.

8.8 The person for whom the work is being requested must live in the dwelling as their main or
only residence. They must be registered, or eligible to be registered, as a disabled person. Adult
Social Care - Essex County Council must confirm that the work is both necessary and appropriate
for the user. This assessment is carried out by Occupational Therapists from the County Council’s
‘Hub of Independent Practitioners’.

8.9 The conditions attached to Housing Assistance requiring whole repayment if the property is
sold within the condition period do not apply in the case of mandatory DFGs. However, if the
property is sold in the ten year period following the completion of the work, the Council may
recover specialist equipment installed under the DFG. If the Council intends to do so this will be
specified in the grant Approval Notice.

8.10 With regard to Mandatory DFGs where the grant is above £5,000, the Council will recover
costs up to a maximum of £10,000 if the property is disposed of within 10 years of the date of the
completion of the Grant-aidable work. This will be protected by a charge on a property which will
be removed after a period of 10 years if there is no disposal of the property. The Council may
waive this requirement in exceptional circumstances.

8.11 A Discretionary DFG may be available subject to the following conditions:

a) Where a person qualifies for a mandatory DFG but the necessary works are not feasible at
their existing property, or could only be carried out at wholly disproportionate cost, then the
Council may consider a grant towards essential relocation costs.

b) In order to consider a discretionary DFG for this purpose the new property must be capable
of being occupied as it stands or with adaptation at reasonable cost.

c) The maximum grant in these circumstances will be £10,000 which includes reasonable fees
incurred in making the application and VAT at the current rate.

d) A Discretionary DFG will only be made in exceptional circumstances and subject to the
Council having adequate budgetary provision at the time of the application.

e) No household can receive more than one discretionary DFG for the purpose of relocation.

f) The standard DFG test of resources will be applied to applications for discretionary DFG for
relocation.

9.0 REPAYMENT OF HOUSING ASSISTANCE

General

9.1 If an application is approved but it subsequently appears to the Council that the applicant
(or one of two or more joint applicants) was not, at the time the application was approved, entitled
to the Assistance approved, then no payment shall be made (or no further instalments paid) and
the Council may seek to recover immediately from the applicant any payments made together with
interest accruing from the date of payment.

9.2 If the applicant is the owner of a dwelling in respect of which Housing Assistance has been
approved and ceases to be the owner before the works are completed he/she shall repay to the
Council on demand the total amount of Housing Assistance that has been paid.

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Breach of Undertakings

9.3 Where an owner occupier or leaseholder has given a signed undertaking to occupy a
property as his/her principal residence after completion of the assisted works, and if they cease to
occupy the relevant dwelling as their principal residence during the period specified in the
undertaking, then they shall repay on demand to the Council the total amount of Housing
Assistance paid out.

9.4 Where a property subject to Empty Homes Repayable Assistance, becomes empty again
for a period of 6 months or more within 3 years of payment of the Assistance, the owner shall
repay on demand to the Council the total amount of Housing Assistance paid out.
9.4 Where the Council has the right to demand repayment but extenuating circumstances exist,
the Council may determine to waive the right to repayment or to demand a sum less than the full
amount of Housing Assistance.

Death of Applicant

9.6 If the applicant should die before the Housing Assistance is approved and or before any
approved works started, the application will be treated as withdrawn.

9.7 If the applicant should die after approval of the Housing Assistance or while the approved
works are in progress, the Council may at its discretion agree to completion or making good of the
works and pay the Housing Assistance in part or full or, if the works originally agreed are not
completed in full, an appropriate proportion of the Housing Assistance.

9.8 Where an applicant dies after the certified date of completion of the works, the Council will
seek repayment of the Housing Assistance from the applicant’s estate if a disposal by sale or a
change in tenure takes place.

Additional Conditions

9.9 The Council reserves the right to impose additional conditions when making an approval for
Housing Assistance. These may include but are not restricted to:

a) A contribution to the cost of the assisted works by the applicant;

b) Housing accommodation being maintained in reasonable repair after completion of the

assisted works; and,

c) The right of the Council to recover specialised equipment when no longer needed.

9.10 Breach of any additional conditions will give the Council the right to seek repayment of the
Housing Assistance on demand.

Security and Repayment

9.11 With the exception of park homes and houseboats, where a condition of the Housing
Assistance imposes a liability to repay the Housing Assistance, the condition will be registered by
the Council as a local land charge.

9.12 The Council may at its discretion require repayment of a lesser sum than the full amount of
Housing Assistance. Examples of circumstances where the discretion may be exercised include
breaches of residency conditions arising because the applicant or their spouse or partner has had
to move to avoid unemployment or because the applicant’s employer has required a move, or
where the property is subject to a mortgage entered into before the application for housing
assistance and the mortgagee is exercising the power of sale.

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10.0 ENQUIRIES AND APPLYING FOR ASSISTANCE

10.1 The Council encourages applicants for Housing Assistance to use the Council’s in-house
Home Improvement Agency Service, C.A.R.E.

10.2 All enquiries should be addressed to the Grants Team on 01992 564092 and/or C.A.R.E.
on 01992 564086. Leaflets explaining the types of financial assistance and advice on these will be
available during normal office hours (9.00am – 5.00pm) or from the Council’s website on
www.eppingforestdc.gov.uk. Informal advice is available by telephone contact or by e-mail from
[email protected].

10.3 Applicants for Housing Assistance where a test of resources applies (see Part 8 and
Appendix 1 of this Policy) will be required to complete an application form to confirm whether they
are eligible and their financial status. After preliminary assessment, the Council will give an initial
indication of the Assistance likely to be available so that the applicant can decide whether to
continue with the application.

10.4 Where a person decides to continue with an application, then an inspection of the property
will be carried out and where appropriate, a schedule of works will be drawn up. The schedule will
specify the works to be carried out as a requirement for financial assistance and must be used by
the applicant to obtain quotations from builders and/or specialist suppliers.

10.5 The application will be considered to have been formally made when the applicant has
submitted a formal application with priced estimates in accordance with the schedule of works and
any other documents required as deemed necessary and appropriate by the Council (such as
plans, building regulations, planning consents, party wall consents, specialist reports, etc).

10.6 Once approval has been given the work must be completed within a specified timescale.
This is up to six months from the date of approval for Small Works Repayable Assistance and
Empty Homes Repayable Assistance and up to twelve months from the date of approval for all
other forms of Assistance.

11.0 DECISION AND NOTIFICATION

11.1 In receipt of a complete application the Council will notify applicants in writing whether their
application has been approved or refused.

11.2 If the application is approved, the notification will specify the works that are eligible for
Assistance, the value of the Assistance, the form the Assistance will take, the nominated
builder/contractor who will carry out the works and the time by which the works must be completed.

11.3 If the application is refused, the Council will give the reasons for the refusal and also
confirm the procedure for appealing against the decision.

12.0 RE-DETERMINATION OF THE AMOUNT OF FINANCIAL ASSISTANCE

12.1 Where the Council is satisfied that because of circumstances beyond the control of the
applicant and which could not have reasonably been foreseen, the cost of the assisted works has
either increased or decreased, the Council may at its discretion re-determine the Assistance given
in accordance with the Assistance framework set out in this document and notify the applicant
accordingly. See Part 17 ‘Unforeseen Work’.

13.0 APPEALS AGAINST DECISIONS

13.1 Any person who is aggrieved by a decision not to give financial assistance as a
consequence of this Policy may appeal to seek review of the decision.

13.2 Any possible departure from this Policy will only be considered where the applicant can
demonstrate wholly exceptional circumstances to justify such a departure.

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13.3 If you are not happy with the service you receive (rather than any part of this Policy) you
should contact the Private Sector Housing Manager (Grants and C.A.R.E.) on 01992 56 4287 or by
e-mail at [email protected].

13.4 The decision of the Private Sector Housing Manager (Grants and C.A.R.E.) is final with regard
to the Council’s internal processes although allegations of maladministration can be referred to the
Local Government Ombudsman. The Council’s complaints procedure can also be used if you wish
to make a complaint about the way something has been done, or not done, after being asked.

13.5 Our residents are our top priority so we want to know how we are doing, and we want to
resolve any concerns as quickly as possible. At Epping Forest District Council, we define a
complaint as an expression of dissatisfaction, where you feel any of the following has happened;

• Failure to provide a service, or experience of dissatisfaction with the way we have provided
a service;
• Unreasonable delays with the provision of a service;
• Dissatisfaction with the way a policy has been applied or a decision made;
• Failure to fulfil our statutory responsibilities;
• Provision of inaccurate or false information and advice to you;
• The conduct of staff, partners or contractors has been inappropriate.

If you would then like to raise a concern with us please use our online form.

You can also:

• Email: [email protected]
• Call: 01992 564000

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CONDITIONS COMMON TO ALL TYPES OF HOUSING ASSISTANCE

14. 0 CONTRACTORS

14.1 Where the Council is giving financial Housing Assistance, including mandatory DFGs, the
ideal requirement is that work be carried out by a reputable contractor with a proven record.
Vetted and competent contractors who have, within six months before the application is made,
carried out Assistance/ DFG work in the EFDC District will automatically be accepted but others
may have to provide documentation to the Council before their estimates be accepted as part of
any application.

The requirements are but not limited to:

• Valid Public Liability and Employer’s Liability Insurance including Product Liability;

and:

• Accounts for last two years or a letter from the contractor’s accountant confirming that
he/she is a bona fide trader in the construction industry and the length of time for which he
has been trading as such;
and:

• Registered landline entry in telephone directory;

and (if applicable):

• VAT Registration number;

and (if relevant):

• Proof of membership of a regulatory body or trade association, e.g. Gas Safe Register,
NICEIC, FENSA, Federation of Master Builders, Constructionline, as appropriate to
proposed works.

and

• Any further checks as considered necessary or appropriate (such as including company /

director searches, credit reports etc.) as part of the Council’s ongoing commitment to
tackling fraud.

14.2 The Council does keep a preferred list of private contractors who have previously carried
out Assistance/ DFG work and names from this list can be provided to anyone applying for
Housing Assistance. It is made clear to applicants wishing to use one of the contractors from the
list that they fulfil the requirements outlined above and the applicant will be entering a private
arrangement of which the Council accepts no responsibility.

14.3 Housing Assistance will not be given for work carried out by the applicant or anyone
related to them except on a Do-it-Yourself basis, where no charge is being made for labour.
The work must not be carried out on this basis without the Council’s prior approval.

14.4 In normal circumstances the work must be carried out by the contractor(s) that supplied
estimates with the application. Estimates are considered on value for money, reasonable costs
and competence. Where the contractor is no longer trading, for example, and this is not possible,
the applicant must obtain written approval from the Council to use a different contractor.

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15.0 DATA PROTECTION AND FRAUD

15.1 In the administration of Housing Assistance officers in the Private Sector Housing Teams
will keep and hold personal information and will use this:

• where the person concerned consented to the processing;

• for the reason that the information has been provided, e.g. in order to process the
application, but also assess whether the applicant might be eligible for other types of
financial assistance and to monitor the Council’s performance in responding to the
applicant’s request;
• to provide our service in a way that is appropriate to the applicant’s needs, such as
communicating with them effectively if they have visual or hearing difficulties;
• to ensure that we meet our legal obligations, including those under the Housing and
Equalities Acts;
• where necessary for the Council’s law enforcement functions, e.g. preventing housing
and/or benefit fraud and the prevention and/or detection of crime;
• to process financial transactions, such as those concerning grants and other types of
housing assistance; and, where otherwise permitted under the General Data Protection
Regulation (GDPR) (Regulation (EU) 2016/679), e.g. disclosure to comply with legal
obligations.

15.2 In deciding what personal data to collect, hold and use, staff are committed to ensure that it
will:-

• recognise that any personal data handled is held behalf of that person and that officers
respect that responsibility;
• adopt and maintain high standards in the handling and use of that personal data;
• only collect, hold and use personal data where it is necessary and proportionate;
• securely delete any personal data when it is no longer needed;
• keep all personal data secure and safe;
• not unnecessarily and without good reason, infringe the privacy of our residents;
• be open with individuals about how we use their information and who we give it to; and,
• ensure that effective safeguards and systems are in place to make sure personal
information is kept securely and does not fall into the wrong hands.

The Council may disclose personal data to third parties, but only where it is necessary, either to
comply with a legal obligation, or where permitted under the GDPR, e.g. where the disclosure is
necessary to allow a third party working for or on behalf of the Council.

For further information on the GDPR refer to the Information Commissioner’s website at
www.ico.org.uk.

Where the Council seeks to disclose sensitive personal data, such as medical details, to third
parties, we will do so only with the prior express consent of the individual concerned or where we
are legally required to do so.

Those using the service can get information on how to access the personal information that the
Council holds about them by contacting the Data Protection Officer on 01992 564180 or
[email protected].

15.3 The Council has a duty to protect the public funds it handles and documentary proof will be
required to verify that the information given by the applicant in support of any application is correct.

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16.0 INSURANCE

16.1 In the event of a recipient of Housing Assistance pursuing a successful insurance claim,
action for damages etc., which covers the cost of works for which the Housing Assistance was
paid, the applicant will on demand repay the total value relating to such works or the value of the
insurance payment/legal damages if lower.

17.0 UNFORESEEN WORK

17.1 Once the Housing Assistance has been approved it can only be reassessed if there is
additional work that could not have been foreseen at the time the original estimate was given.
Examples of this might be where the Housing Assistance is for an extension and the Building
Surveyor requires the foundations to be dug to a greater depth, or where rotten woodwork is
uncovered when a roof repair is being carried out. It would not be where a contractor has given
insufficient time to making a proper inspection of the work before preparing his estimate or failed to
include work that should have been apparent.

17.2 Housing Assistance will not exceed the maximum allowance and the costs of unforeseen
works may have to be paid from the personal resources of the applicant.

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APPENDIX 1

CALCULATION OF THE HOUSING ASSISTANCE/GRANT AND THE TEST OF RESOURCES,

OR MEANS TEST

1.0 THE ‘BENEFITS PASSPORT’

1.1 Applicants who fulfil certain criteria can be ‘passported’ through the means testing part of
the application process for DFGs and discretionary Housing Assistance.

1.2 Where the applicant is in receipt of and is eligible for one of the benefits below, provided
they satisfy the other eligibility criteria, they will automatically qualify for the full amount of the Grant
or Housing Assistance up to the relevant eligible expense limit:

• Universal Credit
• Housing Benefit
• Income Support
• Income-based Employment and Support Allowance
• Income-based Jobseeker’s Allowance
• Guarantee Pension Credit
• Working Tax Credit with an income under £15,050
• Child tax Credit with an income under £15,050

1.3 With regard to discretionary Housing Assistance, applicants who do not satisfy at least one
of the criteria may still receive Assistance but will need to undertake a means test carried out
according to the rules set out in legislation for mandatory Disabled Facilities Grants (see below).

2.0 TEST OF RESOURCES: MANDATORY DISABLED FACILITIES GRANTS (DFGS) &

DISCRETIONARY HOUSING ASSISTANCE

2.1 All Mandatory DFGs are means tested with the exception of those for work for disabled
children. The rules governing the way in which the means test or ‘Test of Resources’, is carried
out is specified in The Housing Grants Construction and Regeneration Act 1996 as amended. The
same rules are used for determining eligibility/amount of assistance for discretionary Housing
Assistance.

2.2 With Mandatory DFGs, it is the person that work is being carried out for that is means
tested regardless of whether they are the legal owner of the property. With discretionary Housing
Assistance, it is the income/resources of the property owner that is means tested, including the
income/resources of any joint owners of the property regardless of whether they are resident at the
property.

Summary of how the level of DFG/ contribution is calculated

2.4 The applicant’s contribution (the amount they have to pay towards the grant work) is called
the ‘notional loan’. This is the amount that the applicant could raise in a loan over a ten-year
period for an owner-occupier, or five years for a tenant, using their disposable income. The grant
is calculated by taking away the applicant’s contribution from the estimated cost of the work as
follows:

Grant = Cost of Work – Contribution

Once the contribution has been determined in the Approval Notice, it will remain the same even if
the cost of the work goes up or down.

2.5 The applicant’s contribution is based on their ‘disposable income’ which is assumed to be
the difference between their weekly income and their expenditure:

Disposable Income = Income – Expenditure

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APPENDIX 2:

1.0 USEFUL CONTACTS

C.A.R.E. (Caring and Repairing in Epping Forest) Home Improvement Agency

Civic Office
High Street
Epping
CM16 4BZ

[email protected]

Tel: 01992 56 4068

Empty Homes Officer

Private Sector Housing Team
Civic Office
High Street
Epping
CM16 4BZ

[email protected]

Tel: 01992 564348

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APPENDIX 3:

Link to the Decent Home Standard

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7812/138355.
pdf

Link to the Housing Health and Safety Rating System (HHSRS)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.
pdf

Link to the key Worker Eligibility Criteria

https://www.moat.co.uk/uploadedFiles/Property_Search/FAQs/keyworker%20criteria.pdf

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