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National Assistance Act 1948
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Changes over time for: Section 22
Version Superseded: 06/04/1992
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National Assistance Act 1948, Section 22 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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22 Charges to be made for accommodation. E+W+S
[F1(1)[F2Persons for whom accommodation is provided under this Part of this Act shall pay for the accommodation][F2Subject 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 [F3which 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 [F4and 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 [F5(disregarding income support)], and accordingly determine at what lower rate he shall be liable to pay for the accommodation:
[F6Provided that the liability shall in no case be reduced below such sum per week as may be prescribed by the Minister.]
(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.
[F7(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 [F8regulations made by the Secretary of State for the purposes of this subsection][F9except 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.]
[F10(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 [F11the minimum weekly rate prescribed under subsection (3) above][F11such 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
[F13(7)Where accommodation is provided for a child accompanied by a person over the age of sixteen, the foregoing provisions of this section shall have effect subject to the following modifications:—
(a)in respect of the accommodation provided for the child payment shall be made by the person by whom the child is accompanied,
(b)the personal requirements of the child shall be treated as personal requirements of the person by whom the child is accompanied, and for the purposes of subsection (4) of this section the fact that that person is accompanying the child may be treated as special circumstances.]
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Textual Amendments
F1S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F2Words commencing “Subject to section 26” substituted (E.W.) (prosp.) for words commencing “Persons for whom” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(2), 67(2)
F3Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(3), 67(2)
F4Words added (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(3), 67(2)
F5Words substituted by virtue of Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 32 and repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(4)(a), 67(2)
F6Words repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(4)(b), 67(2)
F7S. 22(4A) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(5), 67(2)
F8Words 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)
F9Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)
F10S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)
F11Words from “such amount” to “pay” substituted (prosp.) for words from “the minimum” to “above” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 44(6), 67(2)
F12S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F13S. 22(7) repealed (prosp.) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
F14S. 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)
C1S. 22 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
C2S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)
C3S. 22(7) restricted (S.) by S.I. 1990/612, reg. 3(2)
C4S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)
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