Part I Introductory
X11 Supersession of existing poor law.
Part II
2—20.F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2Part III Local Authority Services
Provision of Accommodation
F4F521 Duty of local authorities to provide accommodation.
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F522 Charges to be made for accommodation.
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22 Charges to be made for accommodation.
(1)
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(2)
Subject to the following provisions of this section, the payment 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 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 ... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:
...
(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.
(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 regulations made by the Secretary of State for the purposes of this subsection 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.
(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 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)
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(7)
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(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)
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F6F523 Management of premises in which accommodation provided.
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F7F524 Authority liable for provision of accommodation.
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25F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F526 Provision of accommodation in premises maintained by voluntary organisations.
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26 Provision of accommodation in premises maintained by voluntary organisations.
(1)
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(2)
Any such 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 and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangements the amount of the refund which he is liable to make in accordance with the following provisions of this section.
(3)
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).
(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)
Subsection (5A) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as it applies for the purposes of the said section twenty-two.
(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)
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(6)
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(7)
In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.
26A Exclusion of powers to provide accommodation under this Part in certain cases.
27F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Welfare Services
F12F529 Welfare arrangements for blind, deaf, dumb and crippled persons, etc.
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F13F530 Voluntary organisations for disabled persons’ welfare.
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F14F530A Research.
Without prejudice to any powers conferred on them by any other Act,—
(a)
the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and
(b)
a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.
31F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial adjustments between Local Authorities
F16F532 Adjustments between authority providing accommodation, &c., and authority of area of residence.
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Local and Central Authorities
F533 Local Authorities for purposes of Part III.
(1)
In this Part of this Act the expression “local authority” F17(except in “local authority in England”) means F18a council which is a local authority for the purposes of the M1Local Authority Social Services Act 1970 in F19... Wales, and F20a F21council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland F22and “local authority in England” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in England.
F23 ...
F24(2)
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34F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F26F535 Central Authority for purposes of Part III.
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F2736 Default powers of Minister.
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X3Part IV General and Supplementary
Registration etc. of homes for disabled persons and the aged and charities for disabled persons
37—40.F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of Expenses
F30F3142 Liability to maintain wife or husband and children.
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F32F3343 Recovery of cost of assistance from persons liable for maintenance.
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F3444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3545 Recovery in cases of misrepresentation or non-disclosure.
(1)
If, whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and in consequence of the misrepresentation or failure—
(b)
any sum recoverable under this Act by F36... a local authority is not recovered,
the F36... authority shall be entitled to recover the amount thereof from the said person.
F37(2)—(4)
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Miscellaneous
46F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39F3547 Removal to suitable premises of persons in need of care and attention.
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F3548 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc.
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48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc.
(1)
Where a person—
(a)
is admitted as a patient to any hospital, or
(b)
is admitted to accommodation provided under Part III of this Act, ...
(c)
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and it appears to the council, in the case of any moveable property of that person that is for the time being situated in Wales, that there is danger of loss of, or damage to, the property by reason of his temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been or are being made for the purposes of this subsection, it shall be the duty of the council to take reasonable steps to prevent or mitigate the loss or damage.
(2)
For the purpose of discharging the said duty, the council shall have power at all reasonable times to enter any premises which immediately before the person was admitted or removed as aforesaid were his place of residence or usual place of residence, and to deal with any movable property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.
(3)
A council may recover from a person admitted or removed as aforesaid ... any reasonable expenses incurred by the council in relation to him under the foregoing provisions of this section.
(4)
In this section the expression “council” means in relation to any property the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the property is for the time being situated.
49 Expenses of council officers acting as Receivers.
Where an officer of F40the council of a county or county borough F40F41a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London, with the permission of the council F42applies for appointment by the Court of Protection as a deputy, F43or applies for an intervention order or for appointment as a guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4) the council may defray any expenses incurred by him in connection with the application or the exercise of F44his functions as deputy, F43or his functions under the intervention order or as guardian in so far as those expenses are not recoverable by him from any other source.
F4650F45 Burial or cremation of the dead.
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F3551 Failure to maintain.
(1)
(2)
For the purposes of this section, a person shall not be deemed to refuse or neglect to maintain himself F50... by reason only of anything done or omitted in furtherance of a trade dispute.
(3)
A person guilty of an offence under this section shall be liable on summary conviction F51to imprisonment for a term not exceeding 3 months—
F54(b)
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F3552 False statements.
(1)
If any person—
(a)
for the purpose of obtaining, either for himself or for another person, any benefit under F55... Part III of this Act; or
(b)
for the purpose of avoiding or reducing any liability under this Act,
makes any statement or representation which he knows to be false, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F56level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.
(2)
Notwithstanding anything in any enactment, proceedings for an offence under this section may be begun at any time within three months from the date on which evidence sufficient in the opinion of F55... the local authority concerned to justify a prosecution for the offence comes to the knowledge of the F55... local authority, or within twelve months from the commission of the offence, whichever period is the longer.
(3)
(4)
In the application of this section to Scotland, for the references to evidence sufficient to justify a prosecution there shall be substituted references to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.
Supplementary
F5753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5854 Inquiries.
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F3555 Provisions as to entry and inspection.
(1)
A person who proposes to exercise any power of entry or inspection conferred by this Act shall if so required produce some duly authenticated document showing his authority to exercise the power.
(2)
Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding F59level 4 on the standard scale.
F3556 Legal proceedings.
(1)
(2)
Notwithstanding anything in any Act, proceedings for the recovery of any sum in the manner provided by the last foregoing subsection may be brought at any time within three years after the sum became due.
F62(3)
Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the M2Local Authority Social Services Act 1970 F63in Wales and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.
F64(4)
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(5)
“(2)
Proceedings for the recovery of any such sum as aforesaid shall not be competent after the expiry of three years after the date when the sum became due.”
and with the omission of subsection (3) thereof.
57F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6759 Accounts of councils of county boroughs.
(1)
The council of every county borough shall keep accounts of the sums received and expended by them in the exercise of their functions under this Act, and those accounts shall be made up and audited in like manner as the accounts of a county council and shall be kept separately from their other accounts.
(2)
The enactments relating to the audit of accounts by a district auditor and to the matters incidental to such audit and consequential thereon shall have effect in relation to the accounts which the council of a county borough are required to keep under this section as they have effect in relation to the accounts of a county council.
F3560 Compensation of displaced officers.
(1)
The Minister of Health, or as respects Scotland the Secretary of State, may by regulations provide for the payment by councils of counties, county boroughs and large burghs, subject to any prescribed exceptions or conditions, of compensation—
(a)
to persons of such description as may be prescribed who immediately before such date as may be prescribed in relation to the description of persons in question were employed or engaged in such full-time work as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the passing of the M3National Insurance Acts, 1946, the M4National Health Service Act, 1946, the M5National Health Service (Scotland) Act, 1947, or this Act; and
(b)
to persons of such descriptions as may be prescribed who, having before such date as aforesaid been employed or engaged in such full-time work as may be prescribed and being persons who would have been so employed or engaged immediately before that date but for any national service (as defined in the regulations) in which they have been engaged, lose the prospect of their re-employment or re-engagement in any such work in consequence of the passing of any of the said Acts,
in so far as provision is not made in that behalf by or under any other enactment.
F68(2)
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(3)
Regulations under either of the two last foregoing subsections may provide for the determination of questions arising under the regulations.
F3561 Expenses and receipts.
(1)
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(2)
All receipts under this Act of the Minister of Health, the Secretary of State . . . F70 shall be paid into the Exchequer.
F3562 Transitional provisions, consequential adaptation of enactments.
(1)
The transitional provisions set out in the Sixth Schedule to this Act shall have effect for the purposes of this Act.
(2)
Any enactment passed before the passing of this Act which refers to or is dependent on any provision of the existing poor law or the M6Unemployment Assistance Act, 1934, shall have effect subject to such adaptation as may be provided by regulations of the Minister of Health, or as respects Scotland the Secretary of State, made not later than the expiration of five years from the coming into operation of this section, being adaptations appearing to him consequential on the cesser of the existing poor law or of the provisions of the said Act of 1934 and the replacement thereof by provisions of this Act or of any other Act of the present Session.
F71(3)
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(4)
Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.
F3563 Regulations, rules and orders.
F72(1)
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(2)
Any power conferred by this Act on a Minister of the Crown or the Treasury to make F73... regulations or rules, and the powers conferred by the following provisions of this Act on the Minister of Health and the Secretary of State to make orders, shall be exercisable by statutory instrument.
(3)
(4)
Any power conferred by this Act to make an order shall, save where the context otherwise requires, be construed as including a power, exercisable in the like manner and subject to the like conditions, to vary or revoke the order.
F3564 Interpretation.
(1)
In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
“blind person” means a person so blind as to be unable to perform any work for which eyesight is essential;
“child” means a person under the age of sixteen;
“dependant” has the meaning assigned to it by section seven of this Act;
“disability” includes mental as well as physical disability;
“disabled persons’ or old persons’ home” has the meaning assigned to it by section thirty-seven of this Act;
“existing poor law” means the enactments specified in Part I of the Seventh Schedule to this Act or, as respects Scotland, such of those enactments as apply to Scotland together with the enactments specified in Part II of that Schedule;
“functions” includes powers and duties;
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“local authority”, save as provided in Part III of this Act, F77means the council of a county or county borough in Wales;
F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“prescribed” means prescribed by regulations under this Act;
“requirements” does not include any medical, surgical, optical, aural or dental requirements;
F79“trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.
(2)
References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any enactment, including this Act.
(3)
For the purposes of this Act, a person shall be deemed, according to the law in England and Wales as well as according to the law in Scotland, not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth.
F3565 General provisions as to application to Scotland.
Subject to any express provision contained in this Act, the following provisions shall have effect for the general application thereof to Scotland:—
F80(a)
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F80(b)
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F81(c)
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(d)
for any reference to a complaint there shall be substituted a reference to an application, and the expression “defendant” means respondent in any such application;
(e)
F84(f)
any reference however expressed F85in sections 22(2) to (8) and 26(2) to (4) of this Act to accommodation provided under Part III F86of this Act shall be construed as a reference to accommodation provided under F87... the M8Social Work (Scotland) Act 1968 F88or F89section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003,.
F9066. Application to Isles of Scilly.
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F3567 Provisions as to Northern Ireland.
F91(1)
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(2)
Save as expressly provided therein, the provisions of this Act F92... shall not extend to Northern Ireland.
68 Short title and commencement.
(1)
This Act may be cited as the National Assistance Act, 1948.
(2)
This Act shall come into operation on such day as the Minister of Health, or as respects Scotland the Secretary of State, may by order appoint, and different days may be appointed in relation to different provisions of this Act.