National Assistance Act 1948

Recovery of ExpensesE+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.]

[F2X1(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.]

[F2X1(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

X1S. 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

F2S. 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)

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 [F4having jurisdiction in the place][F4appointed 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

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

Textual Amendments

F4Words 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

F5Words 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)

Modifications etc. (not altering text)

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 [F13the 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

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

Textual Amendments

Modifications etc. (not altering text)

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

Textual Amendments

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

Modifications etc. (not altering text)