Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022

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Confirmation of grant approval

57. (1) Where an individual has been issued a confirmation of eligibility under Regulation 8(8) before the date of coming into operation of section 55 but has not before that date been issued a confirmation of grant approval under Regulation 9(7) or received a decision not to issue a confirmation of grant approval under Regulation 9(10) —

(a) the application made under Regulation 8 shall be considered to be an application approved by the Housing Agency under section 16 (4)(a)(i).

(b) the relevant remedial option referred to in Regulation 8(8) in respect of which the confirmation of eligibility was issued shall, on and after that date be considered to be the approved remediation option,

(c) the relevant local authority which issued the confirmation of eligibility shall approve, in accordance with section 10 , or any order made under section 11 , the remediation option grant which may be paid to the relevant owner under section 18 , and

(d) the approved remediation option and remediation option grant referred to in paragraphs (b) and (c) shall, for the purposes of this Act, be considered to be an approval under section 16 (4)(a) and this Act shall apply accordingly to it, subject to the following modifications:

(i) section 16 (7) shall not apply;

(ii) where payments referred to in Regulation 8(12) have been made to the individual, the individual shall not be approved for a grant under section 22 (6).

(2) Where an individual has been issued a confirmation of grant approval under Regulation 9(7) before the date of coming into operation of section 55 , the relevant local authority on or after that date, in accordance with such procedure as may be prescribed—

(a) shall, subject to subsection (3), revise the confirmation of grant approval in accordance with section 10 , or any order made under section 11 , and for that purpose shall consider that the relevant remedial option in respect of which the individual received a confirmation of eligibility under Regulation 8 shall be the remediation option in relation to which the confirmation of grant approval is revised, and

(b) shall, subject to subsection (4), consider any application made by the individual for an ancillary grant referred to in section 10 (2).

(3) Where the amount of a remediation option grant which would result from the revision referred to in subsection (2)(a) would be less than the amount of the grant approved under the confirmation of grant approval under Regulation 9, the relevant local authority shall not revise the confirmation of grant approval.

(4) Where payments referred to in Regulation 9(8A) have been made to the individual, the individual shall not be approved for a grant under section 22 (6).

(5) Following the revision referred to in subsection (2), the individual—

(a) shall, for the purposes of any further applications made by him or her under this Act, and subject to such modifications as may be prescribed, be considered to have received an approval under section 16 (4)(a).

(b) may be given a letter of assurance in accordance with section 21 , subject to such modifications as may be prescribed, and

(c) where the letter of assurance is given, may apply for a second grant in accordance with section 25 .

(6) Subject to subsections (2)(a) and (3), and such other modification as may be prescribed, the Regulations shall continue to apply to an individual referred to in subsection (2) .

(7) Where an eligible applicant or individual has given notice to the relevant local authority under and in accordance with Regulation 11(1) before the date of the coming into operation of section 55 , Regulation 11 shall continue to apply in respect of the eligible applicant or individual on and after that date.

(8) Where an individual has notified the relevant local authority under and in accordance with Regulation 12(1) before the date of coming into operation of section 55 , Regulation 12 shall continue to apply in respect of the individual on and after that date.

(9) An appeal under Regulation 13 may be made within 28 days after the date of the coming into operation of section 55 .

(10) Subject to subsection (9), Part 5 shall apply to an appeal under Regulation 13 as if section 55 had not come into operation and, subject to matters of procedure or necessary modifications of Part 5 as may be prescribed under section 58 (2) for the purposes of this section, the appeal shall be considered and determined under Part 5 .

(11) Section 28 shall apply, subject to the modifications referred to in subsection (12) to an individual issued a confirmation of grant approval under Regulation 9 before the date of coming into operation of section 55 .

(12) The modifications are:

(a) the reference in section 28 (1) to “development consisting of the completion of an approved remediation option” shall be construed as a reference to “development consisting of the completion of a relevant remedial option” under the Regulations;

(b) the reference in section 28 (2) to the “relevant dwelling in respect of which the approved remediation option is to be completed” shall be construed as a reference to the relevant dwelling the subject of the confirmation of grant approval under Regulation 9 in respect of which the relevant remedial option is completed;

(c) the reference in section 28 (3) to “the approved remediation option” is a reference to the “relevant remedial option” under the Regulations.