Business Adaptation Grant Terms and Conditions

Included businesses

All Tendring based SME’s include self-employed and new business started between 23 March 2020 and November 2020 are eligible for this scheme

Excluded businesses

The following businesses are not eligible for an award:

1. Businesses which have already received grant payments that equal the maximum levels of State aid permitted under the de minimis and the COVID-19 Temporary State Aid Framework; and
2. Businesses that were in administration, are insolvent or where a striking-off notice has been issued.
3. Chains or national companies, charities, businesses which TDC that does not regard as suitable for support from public sector funds i.e. gambling, sex shops, nude/semi nude modelling and any illegal activity.

Where the business is NOT shown in the local non-domestic rating list

For those businesses not shown in the local non-domestic rating list, we will require evidence of the date of which your business started trading.

We reserve the right to change the amount of the grant award, depending on the number of applications received.  The total of any grant we award cannot be challenged.

What can you apply for?

The Business Adaptations Grants Team is allocating grants of up to £5,000 to businesses in the Tendring district which provide eligible invoices/receipts/quotes for purchases they have already made, or intend to make, in relation to adapting their business to COVID-19 recovery. Grants allocated will be made in direct relation to the amount evidenced by the business as having been spent/is planned to spend, rather than in relation to the type of purchase being made.

Businesses can claim back appropriate expenditure made from 1 June 2021 or planned expenditure including:  items to assist with social distancing and hygiene (queue ropes, stickers/signage, hand san stations), outdoor furniture/lighting/heating, tech which helps businesses to maintain their services (contactless payments, IT equipment, web design, just eat membership, online ordering etc.) or adaptations to provide more space.

This is not an exhaustive list but you must evidence a direct link to COVID-19 recovery. 

What is excluded?

The following costs are excluded from the scheme and we will not make grants, and the eligible business shall not use grants, for:

1. Equipment / adaptations which are not COVID-secure and do not follow the guidance and legislation set out by Her Majesty’s Government.
2. Acquisition of land / buildings either directly or indirectly connected to making businesses COVID-secure.
3. Direct subsidy of customers' purchases for example offering 50% off meals.
4. Consultancy, design and statutory application fees.
5. Professional fees (e.g. solicitor / surveyor / architect)
6. Personal Protective Equipment, consumable items such as masks/gloves/sanitiser refill etc.
7. Retrospective expenditure where works/items were already obtained prior to 1 June 2021 when additional restrictions were introduced.
8. Expenditure incurred 28 days after a business receives notification that it has been successful in its application for an BAG Grant.

Who can receive the grant?

Government has stated that the person who will receive the grant will be the person who, according to our records, was the ratepayer in respect of the business at the effective date, alternatively proof of residents within Tendring or ownership of Tendring based business. Where grants are awarded to businesses who are not liable for rates, we will decide who shall be awarded the grant.

Where we believe that the information we hold about the ratepayer at the effective date is inaccurate, we may withhold or recover the grant and take reasonable steps to identify the correct ratepayer. 

Where it is subsequently determined that the records held are incorrect, we reserve the right to recover any grant incorrectly paid.

Where any business misrepresents information or contrives to take advantage of the scheme, we will look to recover any grant paid and take appropriate legal action.  Likewise, if any ratepayer is found to have falsified records in order to obtain a grant.

Where there is no entry in the rating list for the business, we will have discretion to determine who should receive the grant.

How will grants be provided to Businesses?

Application information is available on the business grants schemes web page.

In all cases, businesses will be required to confirm that they are eligible to receive the grants.  This includes circumstances where we already have bank details for the business and are in the position to send out funding immediately.  Businesses are under an obligation to notify us should they no longer meet the eligibility criteria for any additional grants.

We reserve the right to request any supplementary information from businesses, and they should look to provide this, where requested, as soon as possible.

An application for a BAG Grant is deemed to have been made when a duly completed application form is received via our online procedure.

In order to fairly administer the scheme, we have decided that awards will be determined as follows:

1. There will be a limited period during which applications can be made.  This will be published on the Council’s website; and
2. Any business wishing to claim should complete the necessary form on our website.  This will also include the provision of such evidence as required by us.

EU State Aid Requirements

Any grant is given as aid under the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak published on 19 March 2020.  This means that businesses receiving support under these provisions can receive up to €800,000 in aid over three years (being the current and the previous two years).

Any grant awarded is required to comply with the EU law on State Aid.  This will involve the applicant declaring to us if they have received any other de minimis State aid or aid provided under the EU Commission COVID-19 Temporary Framework.

If the applicant has not received any other State aid, they are not required to make that declaration to us or to complete any declaration statement.

Scheme of Delegation

The Council has approved this scheme.

Officers of the Council will administer the scheme.

Notification of Decisions

Applications will be considered on behalf of the Council by the Economic Growth Department.

All decisions made will be notified to the applicant either in writing or by email.  A decision shall be made as soon as practicable after an application is received.

Review of Decisions

1. The Council will operate an internal review process and will accept an applicant’s request for a review of its decision.
2. All such requests must be made in writing to the Council within 14 days of our decision and should state the reasons why the applicant disagrees with the decision.  New information may be submitted at this stage to support the applicant's appeal.
3. The application will be reconsidered by a senior officer, as soon as practicable and the applicant informed in writing or by email of the decision.

Complaints

The Councils ‘Complaints Procedure’ will be applied in the event of any complaint received about this scheme.

Taxation and the provision of information to Her Majesty’s Revenues and Customs (HMRC)

1. Government has told us that all payments under the scheme are taxable.
2. We do not accept any responsibility in relation to an applicant’s tax liabilities and all applicants should make their own enquiries to establish any tax position.
3. All applicants should note that we are required to inform Her Majesty’s Revenue and Customs (HMRC) of all payments made to business.

Managing the risk of fraud

1. Neither the Council, nor Government will accept deliberate manipulation of the schemes or fraud.  Any applicant caught falsifying information to gain grant money or failing to declare entitlement to any of the specified grant will face prosecution and any funding issued will be recovered from them.
2. Applicants should note that, where a grant is paid by the Council, details of each individual grant may be passed to Government.

Recovery of amounts incorrectly paid

If it is established that any award has been made incorrectly due to error, misrepresentation or incorrect information provided by us, by an applicant or their representative(s), we will try to recover the amount in full.

Data Protection and use of data

All information and data provided by applicants shall be dealt with in accordance with the Council's Data Protection Policy and Privacy Notices.