National Assistance Act 1948

Recovery of Expenses E+W+S

42 Liability to maintain wife or husband and children. E+W+S

(1) For the purposes of this Act—

(a) a man shall be liable to maintain his wife and his children, and

(b) a woman shall be liable to maintain her husband and her children.

[F1 (2) The reference in paragraph (a) of the last foregoing subsection to a man’s children includes a reference to children of whom he has been adjudged to be the putative father, and the reference in paragraph (b) of that subsection to a woman’s children includes a reference to her illegitimate children.]

[F2 X1 (3) In the application of subsection (2) of this section to Scotland, for the reference to children of whom a man has been adjudged to be the putative father there shall be substituted a reference to children his paternity of whom has been admitted or otherwise established.]

[F2 X1 (3) Subsection (2) of this section shall not apply to Scotland and, in the application thereto of subsection (1) of this section, any reference to “children” includes a reference to children whether or not their parents have ever been married to one another.]

Editorial Information

X1 S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5

Textual Amendments

F1 S. 42(2) repealed (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(4), Sch. 4

F2 S. 42 subsection (3) commencing “Subsection (2)” substituted (S.) for subsection (3) commencing “In the application of” by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9, SIF 49:8), s. 10(1), Sch. 1 para. 5

Modifications etc. (not altering text)

C2 S. 42 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

C3 S. 42 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)

C4 S. 42(1) amended (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 2(1)(a)

43 Recovery of cost of assistance from persons liable for maintenance. E+W

(1) Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F3 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2) On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3) For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4) In this section the expression “assistance” means . . . F3 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction [F4 having jurisdiction in the place][F4 appointed for the commission area F5 . . .] where the assistance was given or applied for.

(5) Payments under subsection (2) of this section shall be made—

(a) to . . . F3 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b) to the applicant for assistance or any other person being a person assisted, or

(c) to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

[F6 [F7 (6) An order under this section shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.]

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(8) Subsections (6) and (7) of this section do not extend to Scotland.]

Extent Information

E1 This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F3 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F4 Words commencing “appointed for the” substituted (E.W) for words “having jurisdiction in the place” by Domestic Proceedings and Magistrates' Courts Act 1978 (c.22, SIF 49:3), Sch. 1, Sch. 2 para. 6

F5 Words in s. 43(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9); S.I. 1999/2657, art. 2(d)(iii)

F6 S. 43(6)–(8) added (E.W.) by Supplementary Benefits Act 1976 (c. 71, SIF 113:1), s. 35(2), Sch. 7 para. 4 (s. 43(6) having been repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8)

F7 S. 43(6) substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1), Sch. 2 para. 6

F8 S. 43(7) repealed (with savings) by Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22, SIF 49:3), Schs. 1, 3

Modifications etc. (not altering text)

C5 S. 43 extended by Maintenance Orders Act 1950 (c. 37), ss. 4, 9 and Ministry of Social Security Act 1966 (c. 20), s. 25(1); extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C6 S. 43 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

C7 S. 43 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)

43 Recovery of cost of assistance from persons liable for maintenance. S

(1) Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F12 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2) On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3) For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4) In this section the expression “assistance” means . . . F12 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction appointed for the commission area (within the meaning of [F13 the Justices of the Peace Act 1979]) where the assistance was given or applied for.

(5) Payments under subsection (2) of this section shall be made—

(a) to . . . F12 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b) to the applicant for assistance or any other person being a person assisted, or

(c) to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

Extent Information

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

Textual Amendments

F12 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F13 Words substituted by Justices of the Peace Act 1979 (c. 55, SIF 82), Sch. 2 para. 3

Modifications etc. (not altering text)

C10 S. 43 extended by Maintenance Orders Act 1950 (c. 37), ss. 4, 9 and Ministry of Social Security Act 1966 (c. 20), s. 25(1)

C11 S. 43 applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)

C12 S. 43 applied by Social Work (Scotland) Act 1968 (c. 49, SIF 81:3), s. 87(3)

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 S. 44 repealed (S.) by Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9), s. 10(2), Sch. 2 and (E.W.) by Family Law Reform Act 1987 (c. 42, SIF 49:7), s. 33(1)(4), Sch. 2 para. 7, Sch. 4

45 Recovery in cases of misrepresentation or non-disclosure. E+W+S

(1) If, whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and in consequence of the misrepresentation or failure—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 a local authority incur any expenditure under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 Part III of this Act, or

(b) any sum recoverable under this Act by . . . F10 a local authority is not recovered,

the . . . F10 authority shall be entitled to recover the amount thereof from the said person.

(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F10 Words repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F11 S. 45(2)–(4) repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

Modifications etc. (not altering text)

C8 S. 45 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

C9 S. 45 amended by Health Services and Public Health Act 1968 (c. 46), s. 45(5)