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Payment of increased grant
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11. The Principal Act is amended by the insertion of the following section after section 18:
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“18A. (1) Subject to subsection (5), a relevant owner may apply to the designated local authority for payment of an increased grant for qualifying expenditure, in whole or in parts, subject to any reduction made under subsection (8), section 10(4B) or subsection (8) or (9) of section 17A.
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(2) An application under subsection (1) shall only be made in respect of qualifying expenditure that has not been paid in whole or in part under section 18.
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(3) An application for part payment (other than the final part payment) of an increased grant shall be accompanied by—
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(a) an interim valuation certificate completed in accordance with subsection (9), and
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(b) evidence of the expenditure incurred by the relevant owner on or after 29 March 2024 in carrying out the works described in the interim valuation certificate.
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(4) An application for the final part payment of the increased grant or for payment of the whole of the grant shall be accompanied by—
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(a) a post works remedial works plan completed in accordance with subsection (10),
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(b) a certificate of remediation completed in accordance with section 20, and
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(c) evidence of the expenditure incurred by the relevant owner on or after 29 March 2024 in completing the works described in the post works remedial works plan.
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(5) Where a relevant owner referred to in section 17A(2) receives a notification under section 17A(10) which relates to a decision under section 17A(6)(a), the relevant owner may make one application for payment of an increased grant under subsection (1).
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(6) An application for payment of the increased grant by a relevant owner referred to in subsection (5) shall be accompanied by—
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(a) a final valuation certificate completed in accordance with subsection (11), and
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(b) evidence of the expenditure incurred by the relevant owner on or after 29 March 2024 in completing the works described in the final valuation certificate.
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(7) The total amount of payments which may be made to a relevant owner under this section shall not exceed the lesser of—
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(a) the amount of the increased grant, subject to any reduction made under subsection (8), section 10(4B) or subsection (8) or (9) of section 17A, or
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(b) the expenditure incurred and evidenced by the relevant owner in an application under this section in completing the approved remediation option (including the value added tax paid by the relevant owner for that purpose).
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(8) Where a relevant owner has received payment of a remediation option grant under section 18, the designated local authority shall reduce the amount of the increased grant by the total amount of payments to the relevant owner under section 18.
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(9) An interim valuation certificate shall—
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(a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19, or where a previous interim valuation certificate has been provided to the designated local authority under this section or section 18, since the date of that previous interim valuation certificate, and
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(b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a).
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(10) A post works remedial works plan shall—
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(a) describe the works completed since the date of commencement of the works notified to the designated local authority under section 19, and
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(b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a).
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(11) A final valuation certificate shall—
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(a) describe the works completed for which evidence referred to in subsection (6)(b) has been provided, and
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(b) be prepared by the competent engineer, or where the approved remediation option is the demolition of the relevant dwelling and the reconstruction of the dwelling, the competent building professional, who designed and inspected the works referred to in paragraph (a).
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(12) The designated local authority shall refuse to make a payment applied for under subsection (1)—
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(a) where the conditions referred to in section 17(8) have not been complied with,
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(b) in respect of any additional works, or
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(c) where an authorised officer is refused entry to the relevant dwelling for the purposes of subsection (16).
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(13) Without prejudice to subsection (12), the designated local authority shall refuse to make a part payment where—
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(a) the relevant owner fails to comply with subsection (3), or
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(b) the works carried out are not in accordance with the remedial works plan.
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(14) Without prejudice to subsection (12), the designated local authority shall refuse to make the final part payment of the increased grant or the payment of the whole of the increased grant where—
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(a) the relevant owner fails to comply with subsection (4), or
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(b) the works carried out are not sufficient to satisfy the approved remediation option.
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(15) Without prejudice to subsection (12), the designated local authority shall refuse to make a payment to a relevant owner referred to in subsection (5) where—
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(a) the relevant owner fails to comply with subsections (5) and (6), or
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(b) the works carried out are not in accordance with the remedial works plan.
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(16) For the purposes of determining whether or not to make a payment, or part payment, of an increased grant under this section, an authorised officer of the designated local authority may—
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(a) inspect the works carried out, or being carried out, to the relevant dwelling, and
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(b) make enquiries of such persons as he or she considers necessary.
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(17) Where the designated local authority refuses to make a payment of the increased grant under this section, it shall notify the relevant owner of the refusal and the reasons for the refusal.
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(18) A notification under subsection (17) shall state that the relevant owner may appeal the refusal in accordance with Part 5 within 90 days of the date of the notification.
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(19) The Minister may, for the purposes of this section, prescribe:
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(a) the form and manner in which an application under this section shall be made;
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(b) the evidence to be provided in an application under this section relating to prior payments for qualifying expenditure under section 18;
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(c) the form and content of interim valuation certificates;
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(d) the form and content of post works remedial works plans;
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(e) the form and content of final valuation certificates;
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(f) such other documents or information as the Minister may consider necessary to accompany an application for the purposes of this section.”.
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