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National Assistance Act 1948
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Changes over time for: Section 22
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There are multiple versions of this provision on screen. These apply to different geographical extents.
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Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Changes to legislation:
National Assistance Act 1948, Section 22 is up to date with all changes known to be in force on or before 19 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 22:
- s. 22(8A) words inserted by 2010 c. 18 s. 1(7)(a)
F122 Charges to be made for accommodation.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Pt. 3 omitted (W.) (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 8 [Editorial note: This Act no longer applies in relation to England (1.4.2015) as a consequence of the Care Act 2014 (c. 23), Pt. 1 and the amendments made by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), Sch. 1 paras. 1-10]
22 Charges to be made for accommodation.S
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subject to the following provisions of this section, the payment [F3which 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 [F3and 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 F4... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:
F4...
(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.
[F5(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 [F6regulations made by the Secretary of State for the purposes of this subsection] [F7except 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.]
[F8(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 [F9such 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.]
F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F2S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F3Words in s. 22(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(3); S.I. 1992/2975, art. 2(2), Sch.
F4Words in s. 22(3) omitted (1.4.1993) by National Health and Community Care Act 1990 (c. 19), s. 44(4); S.I. 1992/2975, art. 2(2), Sch.
F5S. 22(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(5); S.I. 1992/2975, art. 2(2), Sch.
F6Words 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)
F7Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)
F8S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)
F9Words in s. 22(5A) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(6); S.I. 1992/2975, art. 2(2), Sch.
F10S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F11S. 22(7) repealed (6.4.1992) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/567, art. 2
F12S. 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)
C2Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)
C3S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)
C4S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)
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