§ Mr. ClappisonI beg to move amendment No. 22, in page 14, leave out lines 27 to 29 and insert—
'and the authority shall take that into account in deciding whether it is reasonable and practicable to carry out the relevant works.'.45 This amendment concerns the consideration of the fitness of a property where an application for disabled facilities grant has been made.In Committee, we debated this issue at length in the context of subsection (5) of clause 24, which provides authorities with discretion not to approve grant where it appears that the property is unfit. Some hon. Members, including the hon. Member for Greenwich, were especially concerned that, as drafted, the provision discriminates against people who live in unfit properties. It was suggested that the provisions in subsection (3) already provided the discretion for authorities to refuse an application where it is not practicable, and that that would cover where a property is unfit, making subsection (5) unnecessary.
On that occasion, I assured hon Members that the provision's purpose was to ensure only that authorities, in considering whether to undertake proposed works, had the discretion to approve the application, where the property's condition was such that it would clearly be impracticable to undertake the proposed adaptation works, and where the disabled person refused to have the property made safe or improved. However, I said then that I would reflect further on the matter and, if necessary, table an amendment.
Our amendment removes subsection (5), on which there was the debate in Committee and, for completeness, inserts a requirement for authorities to take into account the matters in subsection (4) in respect of the property's fitness, in deciding whether it is reasonable and practicable to undertake the relevant works, which stands alongside the other requirement for work to be necessary and suitable. There is no disagreement between us that we want disabled people seeking help with adaptations through isabled facilities grants to be left in good homes, which are fit following completion of the works. The amendment is a sensible measure that helps achieve that aim.
§ Mr. RaynsfordIn the Minister's words, this is a "sensible" amendment. In our words, it gives effect to amendments moved in Committee by the Opposition. We welcome the Government's acceptance or conversion, however people would put it. This will improve the Bill and avoid an anomaly that could have led to discrimination against some disabled people. It is a significant improvement and we welcome it.
§ Amendment agreed to.