Situations where local authorities can grant towards ownership

Whilst there is currently not a specific grant for disabled homebuyers, a local authority can grant using powers under the following acts. Note that none of these options indicates a duty to provide assistance. They simply provide a legal means under which a local authority can grant if they choose to.

Housing Act (Scotland) 2001, Part 5 Strategic Housing Functions

Section 92 (3) of the Act, titled 'Assistance for housing purposes' states that:

‘A local authority may provide assistance to an individual in connection with the acquisition, construction, improvement, repair or maintenance of housing accommodation by that individual.’

Guidance is not given regarding the term 'assistance' for Section 92(3). The term is, however, clarified as referring to 'grants and loan' for the previous section 92(2) that states:

A local authority may provide assistance to a registered social landlord or to any other person concerned with-

providing, improving, adapting, repairing, maintaining and managing housing,

undertaking, and assisting the undertaking of, the development, redevelopment and improvement of the physical, social, economic and recreational environment related to housing,

preventing or alleviating homelessness,

Note that this is entirely separate from Part 6 'Grants for improvement, repairs etc' of the Act. Grants introduced in Part 6 are subject to a test of how much money the person receiving the grant has whilst those through Part 5 are not.

Local Government Scotland Acts & the Chronically sick and disabled persons act 1970

S2(1)(e) of the Chronically sick and disabled persons act 1970 authorises:

‘the provision of assistance for that person in arranging for the carrying out of any works or adaptation in his home or the provision of any additional facilities designed to secure his greater safety, comfort or convenience‘

Where works or adaptations to the home are not feasible or will not improve the person's situation, a Scottish local authority has used the Local Government Scotland Act 1973 to authorise a grant towards the purchase of a new home.

Section 69 of this Act allows a local authority to do anything (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate or is conducive or incidental to the discharge of any of their functions.

Part 3 of the Local Government in Scotland Act 2003 introduces the 'Power to advance well-being' that provides even broader powers. Section 20(1) states that:

‘A local authority has power to do anything which it considers is likely to promote or improve the well-being of (a) its area and persons within that area; or (b) either of those.' Section 20(2) (b) explains: 'The power under subsection (1) above includes power to give financial assistance to any person.’

Social Work (Scotland) Act 1968

Section 12 of the 1968 Act empowers local authorities to make available any advice, guidance and assistance which it judges appropriate to promote social welfare, including assistance in the form of cash where this is the most cost-effective approach.

This has been used by a Scottish local authority to justify granting to assist ownership.

Children (Scotland) Act 1995, Part 2: Promotion of Children's Welfare by Local Authorities…

Under Section 22 (1)

‘A local authority shall

safeguard and promote the welfare of children in their area who are in need; and

so far as is consistent with that duty, promote the upbringing of such children by their families, by providing a range and level of services appropriate to the children's needs.’

Section 22 (3) explains that

a service may be provided….

for a particular child;

if provided with a view to safeguarding or promoting his welfare, for his family; or

if provided with such a view, for any other member of his family; and

the services…may include giving assistance in kind or, in exceptional circumstances, in cash.’

Section 23 (1) gives more detail about these 'services' in relation to disabled children:

…services provided by a local authority… shall be designed-

to minimise the effect on any-

disabled child who is within the authority's area, of his disability; and

child who is within that area and is affected adversely by the disability of any other person in his family, of that other person's disability; and

to give those children the opportunity to lead lives which are as normal as possible.