Health and Personal Social Services (Northern Ireland) Order 1972

General social welfareN.I.

15.—[F1(A1) The functions conferred by this Article are to be exercised as part of the system of social care designed to secure improvement in the social well-being of people in Northern Ireland mentioned in section 2(1)(b) of the 2009 Act.]

F2(1) [F3An authorised HSC trust] shall make available advice, guidance and assistance, to such extent as it considers necessary, and for that purpose shall make such arrangements and provide or secure the provision of such facilities (including the provision or arranging for the provision of residential or other accommodation, home help and laundry facilities) as it considers suitable and adequate.

[F4(1A) Arrangements under paragraph (1) may include arrangements for the provision by any other body or person of any of the [F5social care] on such terms and conditions as may be agreed between [F6the trust] and that other body or person.

(1B) [F7An authorised HSC trust] may assist any body or person carrying out any arrangements under paragraph (1) by—

(a)permitting that body or person to use premises belonging to [F8the trust] ;

(b)making available vehicles, equipment, goods or materials; and

(c)making available the services of any staff who are employed in connection with the premises or other things which [F9the trust] permits the body or person to use,

on such terms and conditions as may be agreed between [F10the trust] and that body or person.]

(2) Assistance under paragraph (1) may be given to, or in respect of, a person in need requiring assistance in kind or, in exceptional circumstances constituting an emergency, in cash; so however that before giving assistance to, or in respect of, a person in cash [F11the trust] shall have regard to his eligibility for receiving assistance from any other statutory body, and, if he is so eligible, to the availability to him of that assistance in his time of need.

(3) Where under paragraph (1) [F12a trust] makes arrangements or provides or secures the provision of facilities for the engagement of persons in need (whether under a contract of service or otherwise) in suitable work, [F13the trust] may assist such persons in disposing of the produce of their work.

(4) F14. . . [F15A trust] may recover in respect of any assistance, help or facilities under this Article such charges (if any) as [F16the trust] considers appropriate.

[F14(5) In so far as it relates to the provision of accommodation, this Article is subject to Articles 36,F17. . . and 99.]

[F18(6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 115 of the Immigration and Asylum Act 1999 applies if his need for assistance has arisen solely—

(a)because he is destitute, or

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

F19(7) Subsections (3) 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 paragraph (6) as they apply for the purposes of that section, but for references to the Secretary of State in subsections (5) and (7) of that section and in paragraph 2 of that Schedule substitute references to [F20an HSC trust] .]

F19prosp. subst. by 2002 c. 41