Regulation 8 Exemption in relation to work for disabled people
A local authority may not charge any fee where they are satisfied that the whole of the work in question consists of an alteration and—
is solely for the purpose of providing means of access to enable disabled persons to get into an existing building and to any part of it, or of providing facilities designed to secure the greater health, safety, welfare or convenience of such persons; and
is to be, or has been, carried out in relation to—
an existing building to which members of the public are admitted (whether on payment or otherwise); or
an existing dwelling which is, or is to be, occupied by a disabled person.
A local authority may not charge any fee for work which consists solely of the provision or extension of a room in a dwelling, where they are satisfied—
that the sole use of the room is or will be—
for the carrying out of medical treatment of a disabled person which cannot reasonably be carried out in any other room in the dwelling, or
for the storage of medical equipment for the use of a disabled person, or
the work is to provide or adapt a necessary facility already existing within the dwelling which is incapable of being used, or used without assistance, by the disabled person.
In this regulation “disabled person” means a person who is within any of the descriptions of persons to whom section 29(1) of the National Assistance Act 1948f1 applied, as that section was extended by virtue of section 8(2) of the Mental Health Act 1959f2, but not taking into account amendments made to that section 29(1) by paragraph 11 of Schedule 13 to the Children Act 1989f3.
Annotations
Footnotes
- f1
- f2
- f3