National Assistance Act 1948

Provision of Accommodation E+W+S

[F1 21 Duty of local authorities to provide accommodation. E+W

(1) [F2 Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing]]—

(a) residential accommodation for persons [F3 aged eighteen or over] who by reason of age,infirmity or any other circumstances are in need of care and attention which is not otherwise available to them;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2) In [F2 making any such arrangements] a local authority shall have regard to the welfare of all persons for whom accommodation is provided, and in particular to the need for providing accommodation of different descriptions suited to different descriptions of such persons as are mentioned in the last foregoing subsection.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4) Accommodation provided by a local authority in the exercise of their [F2 functions under this section] shall be provided in premises managed by the authority or, to such extent as may be [F2 determined in accordance with the arrangements] under this section, in such premises managed by another local authority as may be agreed between the two authorities and on such terms, including terms as to the reimbursement of expenditure incurred by the said other authority, as may be so agreed.

(5) References in this Act to accommodation provided under this part thereof shall be construed as references to accommodation provided in accordance with this and the five next following sections, and as including references to board and other services, amenities and requisites provided in connection with the accommodation except where in the opinion of the authority managing the premises their provision is unnecessary.

(6) References in this Act to a local authority providing accommodation shall be construed, in any case where a local authority agree with another local authority for the provision of accommodation in premises managed by the said other authority, as references to the first-mentioned local authority.

(7) Without prejudice to the generality of the foregoing provisions of this section, a local authority may—

(a) provide, in such cases as they may consider appropriate, for the conveyance of persons to and from premises in which accommodation is provided for them under this Part of the Act;

(b) themselves provide on the premises in which accommodation is being provided such health services, not being specialist services or services of a kind normally provided only on admission to a hospital, as appear to the authority requisite and as may be specified in the scheme under this section;

[F6 (c) arrange with a Regional Health Authority, Area Health Authority [F7 District Health Authority] or special health authority for the provision on the premises by the authority of services under the [F8 National Health Service Act 1977].]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(8) Save as provided in the last foregoing subsection, nothing in this section shall authorise or require a local authority to make any provision authorised or required to be made (whether by that or by any other authority) by or under any enactment not contained in this Part of this Act.

Textual Amendments

F1 S. 21 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I.

F2 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(1)

F3 Words in s. 21(1)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F4 S. 21(1)(b) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F5 S. 21(3) repealed by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(1), Sch. 30

F6 S. 21(7)(c) substituted by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 44

F7 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), ss. 1, 2, Sch. 1 para. 5

F8 Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 5

F9 Words repealed by National Health Service Reorganisation Act 1973 (c. 32), s. 57, Sch. 4 para. 44, Sch. 5

Modifications etc. (not altering text)

C1 S. 21 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C2 S. 21 saved by Local Authority Social Services Act 1970 (c. 42), s. 7

C3 S. 21(8) modified by Mental Health Act 1959 (c. 72), s. 8(1)

22 Charges to be made for accommodation. E+W+S

[F10 (1) [F11 Persons for whom accommodation is provided under this Part of this Act shall pay for the accommodation][F11 Subject to section 26 of this Act, where a person is provided with accommodation under this Part of this Act the local authority providing the accommodation shall recover from him the amount of the payment which he is liable to make] in accordance with the following provisions of this section.]

(2) Subject to the following provisions of this section, the payment [F12 which a person is liable to make] for any such accommodation shall be in accordance with a standard rate fixed for that accommodation by the authority managing the premises in which it is provided [F13 and that standard rate shall represent the full cost to the authority of providing that accommodation].

(3) Where a person for whom accommodation in premises managed by any local authority is provided, or proposed to be provided, under this Part of this Act satisfies the local authority that he is unable to pay therefor at the standard rate, the authority shall assess his ability to pay [F14 (disregarding income support)], and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

[F15 Provided that the liability shall in no case be reduced below such sum per week as may be prescribed by the Minister.]

(4) In assessing for the purposes of the last foregoing subsection a person’s ability to pay, a local authority shall assume that he will need for his personal requirements such sum per week as may be prescribed by the Minister, or such other sum as in special circumstances the authority may consider appropriate.

[F16 (4A) Regulations made for the purposes of subsection (4) of this section may prescribe different sums for different circumstances.]

(5) In assessing as aforesaid a person’s ability to pay, a local authority shall give effect to [F17 regulations made by the Secretary of State for the purposes of this subsection][F18 except that, until the first such regulations come into force, a local authority shall give effect to Part III of Schedule 1 to the Supplementary Benefits Act 1976, as it had effect immediately before the amendments made by Schedule 2 to the Social Security Act 1980.]

[F19 (5A) If they think fit, an authority managing premises in which accommodation is provided for a person shall have power on each occasion when they provide accommodation for him, irrespective of his means, to limit to [F20 the minimum weekly rate prescribed under subsection (3) above][F20 such amount as appears to them reasonable for him to pay] the payments required from him for his accommodation during a period commencing when they begin to provide the accommodation for him and ending not more than eight weeks after that.]

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

[F22 (7) Where accommodation is provided for a child accompanied by a person over the age of sixteen, the foregoing provisions of this section shall have effect subject to the following modifications:—

(a) in respect of the accommodation provided for the child payment shall be made by the person by whom the child is accompanied,

(b) the personal requirements of the child shall be treated as personal requirements of the person by whom the child is accompanied, and for the purposes of subsection (4) of this section the fact that that person is accompanying the child may be treated as special circumstances.]

(8) Where accommodation is provided by a local authority in premises managed by another local authority, the payment therefor under this section shall be made to the authority managing the premises and not to the authority providing accommodation, but the authority managing the premises shall account for the payment to the authority providing the accommodation.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

Textual Amendments

F10 S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F11 Words commencing “Subject to section 26” substituted (E.W.) (prosp.) for words commencing “Persons for whom” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(2), 67(2)

F12 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(3), 67(2)

F13 Words added (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(3), 67(2)

F14 Words substituted by virtue of Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 32 and repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(4)(a), 67(2)

F15 Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(4)(b), 67(2)

F16 S. 22(4A) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(5), 67(2)

F17 Words substituted by Social Security Act 1980 (c. 30, SIF 113:1), Sch. 4 para. 2(1) (by S.I. 1980/279, art. 3, it is provided that until (but not including) the day on which the first regulations made after 24.11.80 under s. 22(5) come into operation that part of para. 2(1) of Sch. 4 to the 1980 Act which amends s. 22(5) shall operate only for the purpose of enabling the Secretary of State to make such regulations)

F18 Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)

F19 S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)

F20 Words from “such amount” to “pay” substituted (prosp.) for words from “the minimum” to “above” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(6), 67(2)

F21 S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F22 S. 22(7) repealed (prosp.) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F23 S. 22(9) repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21, Sch. 5 Pt. II

Modifications etc. (not altering text)

C4 S. 22 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C5 S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C6 S. 22(7) restricted (S.) by S.I. 1990/612, reg. 3(2)

C7 S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

[F24 23 Management of premises in which accommodation provided. E+W

(1) Subject to the provisions of this Part of this Act, a local authority may make rules as to the conduct of premises under their management in which accommodation is provided under this Part of this Act and as to the preservation of order in the premises.

(2) Rules under this section may provide that where by reason of any change in a person’s circumstances he is no longer qualified to receive accommodation under this Part of this Act or where a person has otherwise become unsuitable therefor, he may be required by the local authority managing the premises to leave the premises in which the accommodation is provided.

(3) Rules under this section may provide for the waiving of part of the payments due under the last foregoing section where in compliance with the rules persons for whom accommodation is provided assist in the running of the premises.]

Textual Amendments

F24 S. 23 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

Modifications etc. (not altering text)

C8 S. 23 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

[F25 24 Authority liable for provision of accommodation. E+W

(1) The local authority [F26 empowered] under this Part of this Act to provide residential accommodation for any person shall subject to the following provisions of this Part of this Act be the authority in whose area the person is ordinarily resident.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(3) Where a person in the area of a local authority—

(a) is a person with no settled residence, or

(b) not being ordinarily resident in the area of the local authority, is in urgent need of residential accommodation under this Part of this Act,

the authority shall have the like [F26 power] to provide residential accommodation for him as if he were ordinarily resident in their area.

(4) Subject to and in accordance with the [F26 arrangements] under section twenty-one of this Act, a local authority shall have power, as respects a person ordinarily resident in the area of another local authority, with the consent of that other authority to provide residential accommodation for him in any case where the authority would have a duty to provide such accommodation if he were ordinarily resident in their area.

(5) Where a person is provided with residential accommodation under this Part of this Act, he shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him.

[F28 (6) For the purposes of the provision of residential accommodation under this Part of this Act, a [F29 patient in a hospital vested in the Secretary of State or an NHS trust shall] be deemed to be ordinarily resident in the area, if any, in which he was ordinarily resident immediately before he was admitted as a patient to the hospital, whether or not he in fact continues to be ordinarily resident in that area.]

[F30 (7) In subsection (6) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or under the National Health Service (Scotland) Act 1978.]]

Textual Amendments

F25 S. 24 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

F26 Word substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(2)

F27 S. 24(2) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F28 S. 24(6) added retrospectively by National Assistance (Amendment) Act 1959 (c. 30), s. 1(1)(3)

F29 Words substituted by National Health Service and Commnity Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(4)(a)

F30 S. 24(7) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(4)(b)

Modifications etc. (not altering text)

C9 S. 24 extended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C10 S. 24 saved by Local Authority Social Services Act 1970 (c. 42), s. 7

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W+S

Textual Amendments

F31 S. 25 repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

26 Provision of accommodation in premises maintained by voluntary organisations. E+W+S

[F32 [F33 [F34 (1) Notwithstanding anything in the foregoing provisions of this Part of this Act, but subject to the next following subsection, [F35 arrangements under section 21 thereof may include provision whereby] a local authority—

(a) may make, in lieu or in supplementation of the provision, in premises managed by them or another local authority, of accommodation of the kind mentioned in paragraph (a) of subsection (1) of the said section twenty-one, arrangements—

(i) with a voluntary organisation managing any premises, for the provision in those premises of accommodation of that kind;

(ii) with a person registered under section thirty-seven of this Act in respect of a disabled persons’ or old persons’ home, for the provision in that home of accommodation of that kind; . . . F36

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 ]

(1A) No arrangements shall be made by virtue of paragraph (a) of the foregoing subsection by a local authority with a person who has been convicted of an offence against regulations under section forty of this Act.]]

[F32 (1) Subject to subsection (1A) of this section, arrangements under section 21 of this Act may include arrangements with any voluntary organisation or other person, being an organisation or person who—

(a) manages a residential care home within the meaning of Part I of the Registered Homes Act M1 1984, and

(b) is registered under that Part in respect of the home or is not required to be so registered by virtue of the home being a small home or being managed or provided by an exempt body,

for the provision of accommodation in that home.

(1A) Arrangements under section 21 of this Act for the provision of residential accommodation where nursing care is provided must be arrangements made with a voluntary organisation or other person, being an organisation or person managing premises—

(a) in respect of which the organisation or other person is registered under Part II of the Registered Homes Act 1984, or

(b) which do not fall within the definition of a nursing home in section 21 of that Act by reason only of being maintained or controlled by an exempt body,

for the provision of accommodation in those premises.

(1B) Subject to subsection (1C) below no such arrangements as mentioned in subsection (1A) of this section may be made by an authority for the accommodation of any person without the consent of such District Health Authority as may be determined in accordance with regulations.

(1C) Subsection (1B) above does not apply to the making by an authority of temporary arrangements for the accommodation of any person as a matter of urgency; but, as soon as practicable after any such temporary arrangements have been made, the authority shall seek the consent required by subsection (1B) above to the making of appropriate arrangements for the accommodation of the person concerned.

(1D) No arrangements may be made by virtue of this section with a person who has been convicted of an offence under any provision of the Registered Homes Act 1984 (or any enactment replaced by that Act) or regulations made under section 16 or section 26 of that Act (or under any corresponding provisions of any such enactment).]

(2) Any [F37 such arrangements as aforesaid][F37 arrangements made by virtue of [F38 subsection (1) of] this section] shall provide for the making by the local authority to [F39 the organisation][F39 the other party thereto] of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F40 and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangments the amount of the refund which he is liable to make in accordance with the following provisions of this section].

(3) [F41 Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:

Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).

[F42 (3A) Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—

(a) so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;

(b) the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and

(c) the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]

(4) Subsections [F43 (5A),] . . . F44 , (7) and (9) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as they apply for the purposes of the said section twenty-two.

[F45 (4A) Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]

[F33 (5) Where in any premises accommodation is being provided under [F46 subsection (1) of] this section in accordance with arrangements made by any local authority, any person authorised in that behalf by the authority may at all reasonable times enter and inspect the premises.]

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

(7) In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M2 Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946 [F48 “small home” means an establishment falling within section 1(4) of the Registered Homes Act M3 1984 and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter].

Textual Amendments

F32 S. 26 subsections (1)–(1D) substituted (E.W.) (prosp.) for subsections (1)(1A) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 42(2), 67(2)

F33 S. 26(1)(5) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F34 S. 26(1)(1A) substituted for s. 26(1) by Health Services and Public Health Act 1968 (c. 46), s. 44(1); (s. 44(1) was repealed (S.) (17.11.1969) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 and accordingly the substitution of s. 26(1)(1A) by s. 44 subsists for E.W. only).

F35 Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(3)

F36 S. 26(1)(b) and the word “and” immediately preceding it repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F37 Words from “arrangements” to “section” substituted (E.W.) for words from “such” to “aforesaid” by Local Government Act 1972 (c. 70, SIF 81:1), s. 195(6), Sch. 23 para. 2(3)

F38 Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1)(2), 67(2), Sch. 9 para. 5(5)(a), Sch. 10

F39 “the other party thereto” substituted (E.W.) for “the organisation” by Health Services and Public Health Act 1968 (c. 46, SIF 81:3), s. 44(2)

F40 Words added (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 42(3), 67(2)

F41 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 42(4), 67(2)

F42 S. 26(3A) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 42(4), 67(2)

F43 “(5A),” inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(b)

F44 “(6)” repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F45 S. 26(4A) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1), 67(2), Sch. 9 para. 5(5)(b)

F46 Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(1)(2), 67(2), Sch. 9 para. 5(5)(c), Sch. 10

F47 S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

F48 Definitions added (E.W.) (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 42(5), 67(2)

Modifications etc. (not altering text)

C11 S. 26 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C12 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M1 1984 c.23(113:3).

M2 1936 c. 51.

M3 1984 c.23(113:3).

[F49 26A Exclusion of powers to provide accommodation under this Part in certain cases. E+W

(1) Subject to subsection (3) of this section, no accommodation may be provided under section 21 or 26 of this Act for any person who immediately before the date on which this section comes into force was ordinarily resident in relevant premises.

(2) In subsection (1) “relevant premises” means—

(a) premises in respect of which any person is registered under the Registered Homes Act 1984;

(b) premises in respect of which such registration is not required by virtue of their being managed or provided by an exempt body;

(c) premises which do not fall within the definition of a nursing home in section 21 of that Act by reason only of their being maintained or controlled by an exempt body; and

(d) such other premises as the Secretary of State may by regulations prescribe;

and in this subsection “exempt body” has the same meaning as in section 26 of this Act.

(3) The Secretary of State may by regulations provide that, in such cases and subject to such conditions as may be prescribed, subsection (1) of this section shall not apply in relation to such classes of persons as may be prescribed in the regulations.

(4) The Secretary of State shall by regulations prescribe the circumstances in which persons are to be treated as being ordinarily resident in any premises for the purposes of subsection (1) of this section.

(5) This section does not affect the validity of any contract made before the date on which this section comes into force for the provision of accommodation on or after that date or anything done in pursuance of such a contract.]

Textual Amendments

F49 S. 26A inserted (E.W.) (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 43, 67(2).

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 E+W+S

Textual Amendments

F50 S. 27 repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21(4), Sch. 5 Pt. II

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51 E+W+S

Textual Amendments

F51 S. 28 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. II; Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III