Disabled Facilities Grant Repayments

rkyfat73

Hi, First time on here and not sure where to post this as it relates to disabilities, divorce and mortgages!.


My Ex Wife and I have a disabled child for which we were approved a disabled facilities grant to build an extension for him. The grant has a repayment clauses in that if we dispose of the property (includes selling or transfer) then an amount will be due to be repaid. There is a local land charge with the council for the amount which will remain for 10 years. One of the conditions of the grant is it is for my Sons primary residence.


Since completion of the works my Ex Wife moved out with my Son. We are in the process of transferring the home into my name and wondered if anyone has any experience of dealing with the council re the repayment. Money is tight (as just going through divorce etc) and my son still spends considerable time at the former martial home.


We have not notified the council yet but when transferring the property and doing the relevant searches this will come up.


My question is will the council demand repayment even if my son still benefits for the adaptation even though it is not now his primary residence (could be argued it is one of two primary residences). Also, will the fact that my wife will be removed from the property be classed as a transfer under the terms of disposal?


Would be very grateful if anyone has any experience of this so I can inform the council on a more informed basis. Neither of us can afford to repay it at the moment.




Thanks

Tigsteroonie

Just to ask (because the Council might ask) - was there no scope for you moving out, and your ex-wife and child remaining in the house that had been adapted for him?

rkyfat73

Long story! To summarise my Sons school is in a different borough to the matrimonial home as there wasn't a suitable school in borough that could accommodate him (the LEA agreed he could attend a school at another LEA at the time). My ex wanted to move closer to his school as it was a considerable drive to and from each day. It also meant all his care, (medical, social services etc) could be dealt with under one borough. We agreed I would keep on the former matrimonial home as he is very settled here and struggles with change. He has a complex condition with multiple needs.