National Assistance Act 1948

46 Amendments of Old Age Pensions Act, 1936.

(1) In calculating the means of a person for the purposes of the Old Age Pensions Act, 1930, no account shall be taken—

(a) of any assistance grant, or

(b) of the value to that person of accommodation provided by, or by arrangement with, a local authority under Part III of this Act.

(2) Regulations under section twelve of the said Act of 1936 may provide that where a person is undergoing medical or other treatment as an in-patient in a hospital or similar institution no account shall be taken, in calculating his means for the purposes of the First Schedule to that Act, of the value to him of the accommodation, maintenance and services provided in the hospital or institution, but that his pension under that Act shall be adjusted to such extent as may be specified in the regulations.

(3) All such claims for old age pensions and questions relating thereto as are mentioned in subsection (1) of section eight of the said Act of 1936 shall be decided by the Board, subject however to the right of a person aggrieved by a decision of the Board to refer the decision to the Appeal Tribunal; and accordingly for the words in the said subsection (1) from " shall be considered and determined as follows " to the end of the subsection there shall be substituted—

“shall be decided by the National Assistance Board.

(1A) Any person aggrieved by a decision of the Board under the last foregoing subsection may refer the claim or question to which the decision relates for decision by the Appeal Tribunal constituted under the National Assistance Act, 1948.”

(4) The said Act of 1936 shall have effect subject to the amendments specified in the Fourth Schedule to this Act, being minor amendments and amendments consequential on the foregoing provisions of this section.