National Assistance Act 1948

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

[F1 (1) Subject to subsections (1A) and (1B) below, arrangements under section 21 of this Act may include arrangements made with a voluntary organisation or with any other person who is not a local authority where—

(a) that organisation or person manages premises which provide for reward accommodation falling within subsection (1) (a) or (aa) of that section, and

(b) the arrangements are for the provision of such accommodation in those premises.

(1A) Subject to subsection (1B) below, arrangements made with any voluntary organisation or other person by virtue of this section must, if they are for the provision of residential accommodation with both board and personal care for such persons as are mentioned in section 1(1) of the Registered Homes Act 1984 (requirement of registration), be arrangements for the provision of such accommodation in a residential care home which is managed by the organisation or person in question, being such a home in respect of which that organisation or person—

(a) is registered under Part I of that Act, or

(b) is not required to be so registered by virtue of section 1(4)(a) or (b) of that Act (certain small homes) or by virtue of the home being managed or provided by an exempt body;

and for this purpose “personal care” and “residential care home” have the same meaning as in that Part of that Act.

(1B) Arrangements made with any voluntary organisation or other person by virtue of this section must, if they are for the provision of residential accommodation where nursing care is provided, be arrangements for the provision of such accommodation in premises which are managed by the organisation or person in question, being premises—

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

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

(1C) Subject to subsection (1D) below, no such arrangements as are mentioned in subsection (1B) above 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.

(1D) Subsection (1C) 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 (1C) above to the making of appropriate arrangements for the accommodation of the person concerned.

(1E) No arrangements may be made by virtue of this section with a person who has been convicted of an offence under any provision of—

(a) the Registered Homes Act 1984 (or any enactment replaced by that Act); or

(b) regulations made under section 16 or section 26 of that Act (or under any corresponding provisions of any such enactment).]

(2) Any [F2 arrangements made by virtue of F3 . . . this section] shall provide for the making by the local authority to [F4 the other party thereto] of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F5 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) [F6 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).

[F7 (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 [F8 (5A),] . . . , (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.

[F9 (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.]

(5) Where in any premises accommodation is being provided under F10 . . . 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.

F11 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M1 Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946 [F12 F13 . . . and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter].

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 26(1)-(1E) substituted (E.W.) (1.4.1993) for s. 26(1)(1A) by Community Care (Residential Accommodation) Act 1992 (c. 49), s. 1(1) (s. 1(2) of which Act repealed s. 42(2) of 1990 c. 19); S.I. 1992/2976, art. 2

F2 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)

F3 Words in s. 26(2) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(5)(a), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.

F4 “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)

F5 Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.

F6 Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F7 S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F8 “(5A),” inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(b)

F9 S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.

F10 Words in s. 26(5) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(5)(c), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.

F11 S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

F12 Definitions in s. 26(7) added (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(5); S.I. 1992/2975, art. 2(2), Sch.

F13 Definition of “small home” in s. 26(7) omitted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20), s. 2(5)(b); S.I. 1992/2240, art. 2

Modifications etc. (not altering text)

C2 S. 26 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C3 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M1 1936 c. 51.

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

F14 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Anysuch arrangements as aforesaid shall provide for the making by the local authority tothe organisation of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F15 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) [F16 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).

[F17 (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 [F18 (5A),] . . . , (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.

[F19 (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.]

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F14 S. 26(1)(5) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F15 Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.

F16 Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F17 S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.

F18 “(5A),” inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(b)

F19 S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.

F20 S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4

Modifications etc. (not altering text)

C4 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M2 1936 c. 51.