National Assistance Act 1948

Provision of Accommodation E+W+S

F1 F2 21 Duty of local authorities to provide accommodation. E+W

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Textual Amendments

F1 S. 21 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I.

F2 Pt. 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]

F2 22 Charges to be made for accommodation. E+W

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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

F2 Pt. 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

F9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to the following provisions of this section, the payment [F10 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 [F10 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 F11 ... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F11 ...

(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.

[F12 (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 [F13 regulations made by the Secretary of State for the purposes of this subsection] [F14 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.]

[F15 (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 [F16 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.]

F17 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (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.

F19 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F9 S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F10 Words 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.

F11 Words 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.

F12 S. 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.

F13 Words 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)

F14 Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)

F15 S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)

F16 Words 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.

F17 S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F18 S. 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

F19 S. 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)

C2 Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C3 S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C4 S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

F3 F2 23 Management of premises in which accommodation provided. E+W

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Textual Amendments

F2 Pt. 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]

F3 S. 23 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

F4 F2 24 Authority liable for provision of accommodation. E+W

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Textual Amendments

F2 Pt. 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]

F4 S. 24 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I;

25 F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F5 S. 25 repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.

F2 26 Provision of accommodation in premises maintained by voluntary organisations. E+W

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Extent Information

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

Textual Amendments

F2 Pt. 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]

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

F20 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F21 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) [F22 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).

[F23 (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) [F24 Subsection (5A)] of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as [F25 it applies] for the purposes of the said section twenty-two.

[F26 (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.]

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (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.

Extent Information

E4 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F20 S. 26(1)(5) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I

F21 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.

F22 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.

F23 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.

F24 Words in s. 26(4) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(a)(i); S.S.I. 2007/334, art. 2(b), sch. 2

F25 Words in s. 26(4) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(a)(ii); S.S.I. 2007/334, art. 2(b), sch. 2

F26 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.

F27 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)

C5 Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C6 S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

Marginal Citations

M1 1936 c. 51.

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

F6 F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Pt. 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]

F6 S. 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 F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F7 S. 27 repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21(4), Sch. 5 Pt. II

28 F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F8 S. 28 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. II; Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III