xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIIE+W+S Local Authority Services

Modifications etc. (not altering text)

Provision of AccommodationE+W+S

[F121 Duty of local authorities to provide accommodation. E+W

(1)[F2Subject 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 [F3aged eighteen or over] who by reason of age, [F4illness, disability] or any other circumstances are in need of care and attention which is not otherwise available to them; [F5and

(aa)residential accommodation for expectant and nursing mothers who are in need of care and attention which is not otherwise available to them]

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(1A)A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely—

(a)because he is destitute; or

(b)because of the physical effects, or anticipated physical effects, of his being destitute.

(1B)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(2)In [F2making 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.

[F8(2A)In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B)In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4)[F10Subject to the provisions of section 26 of this Act] accommodation provided by a local authority in the exercise of their [F2functions under this section] shall be provided in premises managed by the authority or, to such extent as may be [F2determined 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;

[F11(b)make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(8)F13. . ., 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 [F14or authorised or required to be provided under the National Health Service Act 1977].

Textual Amendments

F3Words 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)

F5S. 21(1)(aa) and word “and” immediately preceding it added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(1)(b); S.I. 1992/2975, art. 2(2), Sch.

F7S. 21(1A)(1B) inserted (6.12.1999) by 1999 c. 33, s. 116, 169(2)(with Sch. 15, para. 5); S.I. 1999/3190, art. 2, Sch.

F8S. 21(2A)(2B) substituted (1.10.2001 for E. and otherwiseprosp.) by 2001 c. 15, ss. 53, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3167, art. 2, Sch.

Modifications etc. (not altering text)

C4S. 21 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, {art. 2,}, Sch.

22 Charges to be made for accommodation.E+W

(1)[F15Subject 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 [F16which 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 [F16and 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 F17. . ., and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F17. . .

(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.

[F18(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 [F19regulations made by the Secretary of State for the purposes of this subsection][F20except 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.]

[F21(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 [F22such 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.]

F23(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(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.

F25(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F19Words 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)

Modifications etc. (not altering text)

C7S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

22 Charges to be made for accommodation.S

F57(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to the following provisions of this section, the payment [F58which 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 [F58and 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 F59. . ., and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F59. . .

(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.

[F60(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 [F61regulations made by the Secretary of State for the purposes of this subsection][F62except 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.]

[F63(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 [F64such 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.]

F65(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(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.

F67(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F61Words 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)

Modifications etc. (not altering text)

C13Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C14S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C15S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

[F2623 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

Modifications etc. (not altering text)

[F2724 Authority liable for provision of accommodation. E+W

(1)The local authority [F28empowered] 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(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 [F28power] to provide residential accommodation for him as if he were ordinarily resident in their area.

(4)Subject to and in accordance with the [F28arrangements] 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.

[F30(6)For the purposes of the provision of residential accommodation under this Part of this Act, a [F31patient in a hospital vested in the Secretary of State [F32, a Primary Care Trust]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.]

[F33(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 [F34 , and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.].]]

Textual Amendments

F32Words in s. 24(6) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 2(a)

F34Words in s. 24(7) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 2(b)

Modifications etc. (not altering text)

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35E+W+S

Textual Amendments

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

[F36(1)Subject to subsections (1A) and [F37(1C)] 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.

[F38(1A)Arrangements must not be made by virtue of this section for the provision of accommodation together with nursing or personal care for persons such as are mentioned in section 3(2) of the Care Standards Act 2000 (care homes) unless—

(a)the accommodation is to be provided, under the arrangements, in a care home (within the meaning of that Act) which is managed by the organisation or person in question; and

(b)that organisation or person is registered under Part II of that Act in respect of the home.]

(1C)Subject to subsection (1D) below, [F39no arrangements may be made by virtue of this section for the provision of accommodation together with nursing]without the consent of such [F40Health 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)F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any [F42arrangements made by virtue of F43. . . this section] shall provide for the making by the local authority to [F44the other party thereto] of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F45and 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)[F46Subject 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).

[F47(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 [F48(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.

[F49(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 F50. . . 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.

F51(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M1Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946 [F52F53. . . and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter].]

Extent Information

E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F36S. 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

F37Words in s. 26(1) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(2); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, arts. 2, 3 (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F38S. 26(1A) substituted for s. 26(1A)(1B) (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(3); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, {3} (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F39Words in s. 26(1C) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(4); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, {3} (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)

F40Words in s. 26(1C) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 87(2) (with Sch. 2 paras. 6, 16)

F41S. 26(1E) repealed (1.4.2002 for E. and otherwise prosp. ) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts 2, {3} (with arts. 3(5)-(10) and subject to transitional provisions in Schs. 1-3)

F42Words 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)

F44 “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)

F53Definition 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)

Marginal Citations

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

F68(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 [F69and 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)[F70Subject 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).

[F71(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 [F72(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.

[F73(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.]

F68(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M2Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.

Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

Modifications etc. (not altering text)

C16Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

Marginal Citations

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

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54S. 26A ceased to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1)(a) and repealed (15.4.2002) by 2001 c. 15, s. 67(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); S.I. 2002/1312, art. 3

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W+S

Textual Amendments

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56E+W+S

Textual Amendments