3Purposes for which grant may be given
(1) Subject to the provisions of Chapter 1 of Part 1 of the Act, an application for a disabled facilities grant must be approved where the application is for a purpose specified in paragraph (2).
(2) The purposes are——
(a) facilitating access to and from a garden by a disabled occupant; or
(b) making access to a garden safe for a disabled occupant.
(3) For the purposes of paragraph (2) “garden” means a garden belonging to, or usually enjoyed with, a dwelling, caravan or flat occupied by a disabled occupant and includes—
(i) a balcony adjoining the dwelling of a disabled occupant;
(ii) a yard, outhouse or other appurtenance within the boundaries of the land in which the dwelling or caravan of a disabled occupant is situated and belonging to it or usually enjoyed with it;
(iii) a yard, outhouse or other appurtenance within the boundaries of the land in which is situated the building in which the dwelling or, as the case may be, flat, of a disabled occupant is situated and belonging to it or usually enjoyed with it; and
(iv) the land adjacent to the mooring of a disabled occupant's qualifying houseboat.
(4) If in the opinion of the local housing authority the relevant works are more or less extensive than is necessary to achieve a purpose set out in paragraph (2), it may, with the consent of the applicant, treat the application as varied so that the relevant works are limited to or, as the case may be, include such works as seem to the local housing authority to be necessary for that purpose.
(5) In this article “applicant” means the person making the application for a grant under Chapter 1 of Part 1 of the Act.
Specified date: 2 October 2008: see art 1(1).