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National Assistance Act 1948

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E+W+S

National Assistance Act 1948

1948 CHAPTER 29 11 and 12 Geo 6

An Act to terminate the existing poor law and to provide in lieu thereof for the assistance of persons in need by the National Assistance Board and by local authorities; to make further provision for the welfare of disabled, sick, aged and other persons and for regulating homes for disabled and aged persons and charities for disabled persons; to amend the law relating to non-contributory old age pensions; to make provision as to the burial or cremation of deceased persons; and for purposes connected with the matters aforesaid.

[13th May 1948]

Modifications etc. (not altering text)

C1Councils of administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes outside Greater London and Isles of Scilly together with municipal corporations of boroughs outside Greater London now abolished and councils of metropolitan counties, non-metropolitan counties and districts constituted by Local Government Act 1972 (c. 70), ss. 1, 2, Sch. 1

C2Councils of counties, counties of cities, large burghs, small burghs and districts in Scotland now abolished and regional, islands and district councils constituted by Local Government (Scotland) Act 1973 (c. 65), ss. 1, 2, Sch. 1

C3Functions of Minister of Health now exercisable by Secretary of State: S.I. 1968/1699

C4Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1Act not in force at Royal Assent see s. 68; Act wholly in force 1.2.1991

Part IE+W+S Introductory

1 Supersession of existing poor law.E+W+S

The existing poor law shall cease to have effect, [F1and shall be replaced by the provisions . . . F2 of Part III of this Act as to accommodation and other services to be provided by local authorities, and the related provisions of Part IV of this Act].

Part IIE+W+S

2—20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Part IIIE+W+S Local Authority Services

Modifications etc. (not altering text)

Provision of AccommodationE+W+S

F4F521 Duty of local authorities to provide accommodation. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F522 Charges to be made for accommodation.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

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

Textual Amendments

22 Charges to be made for accommodation.S

F121(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Subject to the following provisions of this section, the payment [F122which 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 [F122and 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 F123... , and accordingly determine at what lower rate he shall be liable to pay for the accommodation:

F123. . .

(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.

[F124(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 [F125regulations made by the Secretary of State for the purposes of this subsection] [F126except 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.]

[F127(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 [F128such 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.]

F129(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F130(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.

F131(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F125Words 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)

Modifications etc. (not altering text)

C20Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

C21S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)

C22S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)

F6F523 Management of premises in which accommodation provided. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7F524 Authority liable for provision of accommodation. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

Textual Amendments

F526 Provision of accommodation in premises maintained by voluntary organisations.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

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

Textual Amendments

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

F132(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 [F133and 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)[F134Subject 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).

[F135(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)[F136Subsection (5A)] of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as [F137it applies] for the purposes of the said section twenty-two.

[F138(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.]

F132(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F139(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M22Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.

Extent Information

E5This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

Modifications etc. (not altering text)

C23Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

Marginal Citations

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

F9 F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9S. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W+S

Welfare ServicesE+W+S

F12F529 Welfare arrangements for blind, deaf, dumb and crippled persons, etc.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13F530 Voluntary organisations for disabled persons’ welfare. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1430A Research.E+W+S

[F5Without prejudice to any powers conferred on them by any other Act,—

(a)the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and

(b)a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.]]

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S

Textual Amendments

Financial adjustments between Local AuthoritiesE+W

F16F532 Adjustments between authority providing accommodation, &c., and authority of area of residence. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local and Central AuthoritiesE+W+S

33 Local Authorities for purposes of Part III.E+W+S

[F5(1)In this Part of this Act the expression “local authority[F17(except in “local authority in England”)] means [F18a council which is a local authority for the purposes of the M1Local Authority Social Services Act 1970] in F19... Wales, and [F20a [F21council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland] [F22and “local authority in England” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in England.]

. . . F23

F24(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F21Words in s. 33(1) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(2); S.I 1996/323, art. 4(1)(b)(c)

Marginal Citations

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W+S

F26F535 Central Authority for purposes of Part III. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27F536 Default powers of Minister. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IVE+W+S General and Supplementary

Modifications etc. (not altering text)

Registration etc. of homes for disabled persons and the aged and charities for disabled personsE+W+S

37—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W+S

Textual Amendments

F2941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F29S. 41 repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix

Recovery of ExpensesE+W+S

F30F3142 Liability to maintain wife or husband and children. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32F3343 Recovery of cost of assistance from persons liable for maintenance. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W+S

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

[F35(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 a local authority incur any expenditure under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 Part III of this Act, or

(b)any sum recoverable under this Act by . . . F36 a local authority is not recovered,

the . . . F36 authority shall be entitled to recover the amount thereof from the said person.

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]F37

MiscellaneousE+W+S

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S

Textual Amendments

F39F3547 Removal to suitable premises of persons in need of care and attention. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3548 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of the provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

48 Duty of councils to provide temporary protection for property of persons admitted to hospitals etc. S

(1)Where a person—

(a)is admitted as a patient to any hospital, or

(b)is admitted to accommodation provided under Part III of this Act, F140...

F140(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and it appears to the council[F141, in the case of any moveable property of that person that is for the time being situated in Wales,] that there is danger of loss of, or damage to, [F142the property] by reason of his temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been or are being made for the purposes of this subsection, it shall be the duty of the council to take reasonable steps to prevent or mitigate the loss or damage.

(2)For the purpose of discharging the said duty, the council shall have power at all reasonable times to enter any premises which immediately before the person was admitted or removed as aforesaid were his place of residence or usual place of residence, and to deal with any movable property of his in any way which is reasonably necessary to prevent or mitigate loss thereof or damage thereto.

(3)A council may recover from a person admitted or removed as aforesaid F143... any reasonable expenses incurred by the council in relation to him under the foregoing provisions of this section.

(4)In this section the expression “council” means in relation to any property the council [F144constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area] the property is for the time being situated.

Extent Information

E6This version of the provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F140S. 48(1)(c) and preceding word repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), sch. 2

F144Words in s. 48(4) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(4); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

49 Expenses of council officers acting as Receivers. E+W+S

Where an officer of [F40the council of a county or county borough][F41[F40any such council as is referred to in section 48(4) of this Act] [F42, other than one in Wales,]] [F41a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London,] with the permission of the council [F43applies for appointment by the Court of Protection as a deputy], [F44or applies for an intervention order or for appointment as a guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4)] the council may defray any expenses incurred by him in connection with the application or the exercise of [F45his functions as deputy], [F44or his functions under the intervention order or as guardian] in so far as those expenses are not recoverable by him from any other source.

Textual Amendments

F40Words “any” to “Act” substituted for words “the council” to “borough” (E.W.) by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(11)

F44Words in s. 49 inserted (S.) (1.4.2002) by 2000 asp 4, s. 88(2), Sch. 5 para. 8(a)(b); S.S.I. 2001/81, art. 3, Sch. 2

Modifications etc. (not altering text)

F4750F46 Burial or cremation of the dead.S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51 Failure to maintain.E+W+S

[F35(1)Where a person persistently refuses or neglects to maintain himself F48... , and in consequence of his refusal or neglect F49... accommodation under Part III thereof is provided for [F50him ], he shall be guilty of an offence.

(2)For the purposes of this section, a person shall not be deemed to refuse or neglect to maintain himself F51... by reason only of anything done or omitted in furtherance of a trade dispute.

(3)A person guilty of an offence under this section shall be liable on summary conviction [F52to imprisonment for a term not exceeding 3 months]

[F53(a)F54... to imprisonment for a term not exceeding three months;

F55(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]

Textual Amendments

F48Words in s. 51(1) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2; and repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(1)(d), 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(a)(c); S.I. 2009/631, art. 2(a)(c)

F50Word in s. 51(1) substituted (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 1 para. 1(b)(i); S.S.I. 2007/334, art. 2(b), Sch. 2; and substituted (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 147(3), 170(3)(4) (with Sch. 13); S.I. 2009/462, art. 4(a); S.I. 2009/631, art. 2(a)

F51Words in s. 51(2) repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp 10), s. 79(3), Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2; and repealed (E.W.) (6.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 15 Pt. 5 (with Sch. 13); S.I. 2009/462, art. 4(c); S.I. 2009/631, art. 2(c)

52 False statements. E+W+S

[F35(1)If any person—

(a)for the purpose of obtaining, either for himself or for another person, any benefit under . . . F56 Part III of this Act; or

(b)for the purpose of avoiding or reducing any liability under this Act,

makes any statement or representation which he knows to be false, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F57level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(2)Notwithstanding anything in any enactment, proceedings for an offence under this section may be begun at any time within three months from the date on which evidence sufficient in the opinion of . . . F56 the local authority concerned to justify a prosecution for the offence comes to the knowledge of the . . . F56 local authority, or within twelve months from the commission of the offence, whichever period is the longer.

(3)For the purposes of the last foregoing subsection, a certificate F56 of the local authority as to the date on which such evidence as aforesaid came to the knowledge of . . . F56 the local authority, as the case may be, shall be conclusive proof thereof.

(4)In the application of this section to Scotland, for the references to evidence sufficient to justify a prosecution there shall be substituted references to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.]

SupplementaryU.K.

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W+S

Textual Amendments

[F5954 Inquiries. E+W+S

[F35The Minister of Health, or as respects Scotland the Secretary of State, may cause such inquiries to be held as he may deem necessary or desirable for the purposes of this Act.]]

Textual Amendments

F59S. 54 repealed (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5 (8), Sch. 10 but by S.I. 1990/2218 (art. 2 and the Schedule of which commenced the repeal for E.W.), art. 3 it is provided that s. 54 shall continue to apply so far as the purposes of the 1948 Act relate to persons under the age of eighteen until section 81 of the Children Act 1989 comes into force

Modifications etc. (not altering text)

55 Provisions as to entry and inspection.E+W+S

[F35(1)A person who proposes to exercise any power of entry or inspection conferred by this Act shall if so required produce some duly authenticated document showing his authority to exercise the power.

(2)Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F60level 4 on the standard scale].]

Textual Amendments

F60Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (S.) (1.4.1996) that s. 55(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £10 for a first offence and £20 for a second or subsequent offence

Modifications etc. (not altering text)

C12S. 55(2) has effect, (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(1), Sch. 6 and (S.) by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), 289C(1), Sch. 7C as if the maximum fine imposable upon a summary conviction were £500 (instead of the old maximum fine of £10 for a first offence and £20 for a second or subsequent offence) and for “£500” as so substituted there is substituted (E.W.S.) “level 4 on the standard scale” by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 45 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

56 Legal proceedings. E+W+S

[F35(1)Without prejudice to any other method of recovery, any sum due under this Act F61... to a local authority F62... shall be recoverable summarily as a civil debt.

(2)Notwithstanding anything in any Act, proceedings for the recovery of any sum in the manner provided by the last foregoing subsection may be brought at any time within three years after the sum became due.

[F63(3)Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the M2Local Authority Social Services Act 1970 [F64in Wales] and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.]

F65(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)This section shall apply to Scotland with the omission in subsection (1) thereof of the word “summarily”, with the substitution for subsection (2) thereof of the following subsection—

(2)Proceedings for the recovery of any such sum as aforesaid shall not be competent after the expiry of three years after the date when the sum became due.

and with the omission of subsection (3) thereof.]

57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66E+W+S

Textual Amendments

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67E+W+S

[F6859 Accounts of councils of county boroughs.E+W+S

(1)The council of every county borough shall keep accounts of the sums received and expended by them in the exercise of their functions under this Act, and those accounts shall be made up and audited in like manner as the accounts of a county council and shall be kept separately from their other accounts.

(2)The enactments relating to the audit of accounts by a district auditor and to the matters incidental to such audit and consequential thereon shall have effect in relation to the accounts which the council of a county borough are required to keep under this section as they have effect in relation to the accounts of a county council.]

60 Compensation of displaced officers.E+W+S

[F35(1)The Minister of Health, or as respects Scotland the Secretary of State, may by regulations provide for the payment by councils of counties, county boroughs and large burghs, subject to any prescribed exceptions or conditions, of compensation—

(a)to persons of such description as may be prescribed who immediately before such date as may be prescribed in relation to the description of persons in question were employed or engaged in such full-time work as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the passing of the M3National Insurance Acts, 1946, the M4National Health Service Act, 1946, the M5National Health Service (Scotland) Act, 1947, or this Act; and

(b)to persons of such descriptions as may be prescribed who, having before such date as aforesaid been employed or engaged in such full-time work as may be prescribed and being persons who would have been so employed or engaged immediately before that date but for any national service (as defined in the regulations) in which they have been engaged, lose the prospect of their re-employment or re-engagement in any such work in consequence of the passing of any of the said Acts,

in so far as provision is not made in that behalf by or under any other enactment.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

(3)Regulations under either of the two last foregoing subsections may provide for the determination of questions arising under the regulations.]

61 Expenses and receipts.E+W+S

[F35(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

(2)All receipts under this Act of the Minister of Health, the Secretary of State . . . F71 shall be paid into the Exchequer.]

62 Transitional provisions, consequential adaptation of enactments.E+W+S

[F35(1)The transitional provisions set out in the Sixth Schedule to this Act shall have effect for the purposes of this Act.

(2)Any enactment passed before the passing of this Act which refers to or is dependent on any provision of the existing poor law or the M6Unemployment Assistance Act, 1934, shall have effect subject to such adaptation as may be provided by regulations of the Minister of Health, or as respects Scotland the Secretary of State, made not later than the expiration of five years from the coming into operation of this section, being adaptations appearing to him consequential on the cesser of the existing poor law or of the provisions of the said Act of 1934 and the replacement thereof by provisions of this Act or of any other Act of the present Session.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

(4)Regulations made under subsection (2) of this section shall be of no effect unless approved by resolution of each House of Parliament.]

63 Regulations, rules and orders.E+W+S

[F35(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(2)Any power conferred by this Act on a Minister of the Crown or the Treasury to make . . . F74 regulations or rules, and the powers conferred by the following provisions of this Act on the Minister of Health and the Secretary of State to make orders, shall be exercisable by statutory instrument.

(3)Any statutory instrument for exercising a power to make . . . F74 regulations or rules under this Act, . . . F74, shall be subject to annulment in pursuance of resolution of either House of Parliament.

(4)Any power conferred by this Act to make an order shall, save where the context otherwise requires, be construed as including a power, exercisable in the like manner and subject to the like conditions, to vary or revoke the order.]

64 Interpretation.E+W+S

[F35(1)In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • blind person” means a person so blind as to be unable to perform any work for which eyesight is essential;

  • child” means a person under the age of sixteen;

  • dependant” has the meaning assigned to it by section seven of this Act;

  • disability” includes mental as well as physical disability;

  • disabled persons’ or old persons’ home” has the meaning assigned to it by section thirty-seven of this Act;

  • existing poor law” means the enactments specified in Part I of the Seventh Schedule to this Act or, as respects Scotland, such of those enactments as apply to Scotland together with the enactments specified in Part II of that Schedule;

  • functions” includes powers and duties;

  • hospital” has the meaning assigned to it by section seventy-nine of the M7National Health Service Act, 1946, or as respects Scotland by section [F75108] of the National Health Service (Scotland) Act, [F761978];

  • F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • local authority”, save as provided in Part III of this Act, [F78means the council of a county or county borough in Wales];

  • F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • prescribed” means prescribed by regulations under this Act;

  • requirements” does not include any medical, surgical, optical, aural or dental requirements;

  • [F80trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992]

  • voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any public or local authority.

(2)References in this Act to any enactment shall, except where the context otherwise requires, be construed as references to that enactment as amended by or under any enactment, including this Act.

(3)For the purposes of this Act, a person shall be deemed, according to the law in England and Wales as well as according to the law in Scotland, not to have attained the age of sixteen years until the commencement of the sixteenth anniversary of the day of his birth.]

Subordinate Legislation Made

P1S. 64(1): s. 22(4)(with ss. 22(3) and 64(1)) power exercised by S.I.1991/686.

For previous exercises of this power see Index to Government Orders.

Textual Amendments

F77Definition of “large burgh” repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F79Definition of “place of employment” repealed by Ministry of Social Security Act 1966 (c. 20), Sch. 8

F80Definition of “trade dispute” in s. 64(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 1

Marginal Citations

65 General provisions as to application to Scotland.E+W+S

[F35Subject to any express provision contained in this Act, the following provisions shall have effect for the general application thereof to Scotland:—

F81(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F81(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for any reference to a complaint there shall be substituted a reference to an application, and the expression “defendant” means respondent in any such application;

(e)the expression “local authority” means F83... a [F84council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F85(f)any reference however expressed [F86in sections 22(2) to (8) and 26(2) to (4) of this Act] to accommodation provided under Part III [F87of this Act] shall be construed as a reference to accommodation provided under F88... the M8Social Work (Scotland) Act 1968 [F89or [F90section 25 (care and support services etc.) of the Mental Health (Care and Treatment) (Scotland) Act 2003],].]]

Textual Amendments

F84Words in s. 65(e) substituted (S.) (1.4.1996) by virtue of 1994 c. 39, s. 180(1), Sch. 13 para. 31(6); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C16Power to modify conferred (S.) (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)

Marginal Citations

66 Application to Isles of Scilly. E+W+S

[F35[F91This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Minister of Health may by order direct. ]]

67 Provisions as to Northern Ireland.U.K.

[F35(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92

(2)Save as expressly provided therein, the provisions of this Act . . . F93 shall not extend to Northern Ireland.]

68 Short title and commencement.E+W+S

(1)This Act may be cited as the National Assistance Act, 1948.

(2)This Act shall come into operation on such day as the Minister of Health, or as respects Scotland the Secretary of State, may by order appoint, and different days may be appointed in relation to different provisions of this Act.

Modifications etc. (not altering text)

C17Power of appointment conferred by s. 68(2): fully exercised by S.I. 1948/1218 and S.I. 1949/1621

SCHEDULES

F94F94FIRST AND SECOND SCHEDULESE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33.

THIRD SCHEDULEE+W+S Administrative Provisions as to Local Authorities

Part IE+W+S

1—8.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95

[F96Part II]E+W+S

Joint BoardsE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101Part III]E+W+S

Textual Amendments

Application to ScotlandE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104F104FOURTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105F105FIFTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SIXTH SCHEDULEE+W+S Transitional Provisions

Modifications etc. (not altering text)

1E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106

Textual Amendments

F106Sch. 6 para. 1 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

2, 3.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107

4, 5.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108

6(1)Any land which immediately before the appointed day was held by the council of a county or county borough for the purposes of any enactment repealed by this Act, or which on the appointed day vests in or thereafter is transferred to the council of a county or county borough by virtue of this Schedule, shall save as otherwise provided in this Schedule be deemed to have been appropriated for such of the purposes of this Act as the council may determine.E+W+S

(2)Any right of a council of a county or county borough subsisting immediately before the appointed day to use land for the purposes of any enactment repealed by this Act shall on and after the appointed day continue to subsist as a right to use the land for such of the purposes of this Act as the council may determine, subject however to the cesser of the right in any event (other than the repeal of the said enactment) in which it would have ceased apart from this sub-paragraph.

[F109(3)Nothing in this paragraph shall affect the provisions of the M13National Health Service Act, 1946, or the M14National Health Service (Scotland) Act, 1947, as to the transfer and vesting of hospitals.]

(4)In this paragraph the expression “land” includes any interest in land and any easement, servitude or right in, to or over land.

Textual Amendments

Modifications etc. (not altering text)

Marginal Citations

F1107E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 6 para. 7 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III , para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16)

F1118E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111Sch. 6 para. 8 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III, para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16

F1129E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112Sch. 6 para. 9 repealed (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), 8, Sch. 1 Pt. III, para. 87(3), Sch. 3 (with Sch. 2 paras. 6, 16

10(1)Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the M15Poor Law Act, 1930, then, if he is in need of accommodation under Part III of this Act, the authority liable to provide the accommodation shall, so long as the need continues, be the authority by which the relief was given.E+W+S

(2)If immediately before the appointed day the cost of the relief referred to in the last foregoing sub-paragraph was recoverable from another authority, the authority giving relief shall have the like right to recover from the other authority the cost of any accommodation provided by virtue only of the last foregoing sub-paragraph.

(3)In respect of accommodation provided as aforesaid an authority shall be entitled to recover cost from another authority in accordance with the last foregoing sub-paragraph and not otherwise, but nothing in this paragraph shall affect any right of recovery from any other person.

(4)References in the foregoing provisions of this paragraph to the authority giving relief shall be construed, where the authority to whom application for relief was made and the authority managing the workhouse were not the same, as references to the authority to whom the application was made.

Marginal Citations

11E+W+SWhere immediately before the appointed day a person was being maintained, in pursuance of an arrangement made by an authority in the exercise of functions under the M16Poor Law Act, 1930, in premises not managed by a local authority, that arrangement shall for the purposes of section twenty-six of this Act be deemed, so far as it relates to the said person and until he ceases to be maintained in the premises, to be an arrangement under subsection (1) thereof, notwithstanding that the premises are not managed by a voluntary organisation.

Marginal Citations

12, 13.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

14E+W+SWhere immediately before the appointed day the fact that a person was living in any place was to be disregarded in determining, for the purposes of any enactment repealed by this Act, his residence or ordinary residence, that fact shall be disregarded in determining his ordinary residence for the purposes of this Act.

15E+W+SWhere any right of a local authority to recover any sum from another local authority depends upon the determination under the M17Poor Law Act, 1930, of any question as to settlement, removal or chargeability of any person pending at the appointed day, section one hundred and five of the said Act of 1930 (which provides for the recovery of the cost of relief by one council from another) shall continue to apply, but as if for proviso (b) to subsection (1) thereof (which excludes the provisions of that section where a removal order is refused on grounds of irremovability) there were substituted—

(b)this section shall not apply where the person whose settlement is in question has acquired a status of irremovability in the area of the local authority seeking to recover the cost of his relief.

Marginal Citations

16E+W+SWhere on the appointed day a local authority in Scotland hold as trustees any property wholly or mainly for the use or benefit of the poor (within the meaning of section fifty-two of the M18Poor Law (Scotland) Act, 1845) of the whole or any part of their area, they shall hold and apply the property or the income thereof to such charitable purposes for the use and benefit of the persons for whom it is the duty of the local authority to make provision or arrangements under Part III of this Act as the authority may think fit.

Marginal Citations

17E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114

18E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F115

Textual Amendments

F115Sch. 6 para. 18 repealed by Statute Law Revision Act 1953 c. 5 (2 & 3 Eliz. 2)

19(1)Notwithstanding anything in subsection (2) of section thirty-eight of the M19Interpretation Act, 1889 (which contains savings for vested rights and liabilities on the repeal of enactments), a person shall not by virtue of any enactment repealed by this Act be under any liability (whether under an order of the court or otherwise) as respects any period after the appointed day to maintain any person [F116whom he is not liable to maintain for the purposes of this Act].E+W+S

(2)[F117Except as otherwise provided by the last foregoing sub-paragraph, any order of court or agreement made before the appointed day by virtue of which payments are required to be made to a local authority in respect of the relief or maintenance of any person while he remains chargeable to that authority under the existing poor law shall have effect, so long as accommodation is provided for him under Part III of this Act by that authority . . . F118, as if he were so chargeable.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F119

20(1)For the purposes of any provision of this Schedule the expression “the appointed day” means such day appointed by the order under subsection (2) of section sixty-eight of this Act as may be specified in the order in relation to the provision in question.E+W+S

(2)References in this Schedule to a workhouse within the meaning of the M20Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.

Marginal Citations

21E+W+SThe following provisions shall have effect for the purpose of the application of this Schedule to Scotland:—

(a)for references to the Minister of Health there shall be substituted references to the Secretary of State;

(b)for references to a county borough there shall be substituted references to a large burgh;

(c)for references to the M21Poor Law Act, 1930, there shall be substituted references to the enactments relating to the relief of the poor in Scotland, and the expression “workhouse” means poorhouse;

(d)any reference to the local authority by which a poorhouse was provided shall include a reference to a combination of local authorities;

(e)paragraphs 12, 13 and 15 shall not apply.

Marginal Citations

F120F120SEVENTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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