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National Assistance Act 1948

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[F121 Duty of local authorities to provide accommodation. E+W

(1)[F2Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing]]

(a)residential accommodation for persons [F3aged eighteen or over] who by reason of age, [F4illness, disability] or any other circumstances are in need of care and attention which is not otherwise available to them; [F5and

(aa)residential accommodation for expectant and nursing mothers who are in need of care and attention which is not otherwise available to them]

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(1A)A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely—

(a)because he is destitute; or

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

(1B)Subsections (3) and (5) 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 subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(2)In [F2making any such arrangements] a local authority shall have regard to the welfare of all persons for whom accommodation is provided, and in particular to the need for providing accommodation of different descriptions suited to different descriptions of such persons as are mentioned in the last foregoing subsection.

[F8(2A)In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B)In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4)[F10Subject to the provisions of section 26 of this Act] accommodation provided by a local authority in the exercise of their [F2functions under this section] shall be provided in premises managed by the authority or, to such extent as may be [F2determined in accordance with the arrangements] under this section, in such premises managed by another local authority as may be agreed between the two authorities and on such terms, including terms as to the reimbursement of expenditure incurred by the said other authority, as may be so agreed.

(5)References in this Act to accommodation provided under this part thereof shall be construed as references to accommodation provided in accordance with this and the five next following sections, and as including references to board and other services, amenities and requisites provided in connection with the accommodation except where in the opinion of the authority managing the premises their provision is unnecessary.

(6)References in this Act to a local authority providing accommodation shall be construed, in any case where a local authority agree with another local authority for the provision of accommodation in premises managed by the said other authority, as references to the first-mentioned local authority.

(7)Without prejudice to the generality of the foregoing provisions of this section, a local authority may—

(a)provide, in such cases as they may consider appropriate, for the conveyance of persons to and from premises in which accommodation is provided for them under this Part of the Act;

[F11(b)make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(8)F13. . ., nothing in this section shall authorise or require a local authority to make any provision authorised or required to be made (whether by that or by any other authority) by or under any enactment not contained in this Part of this Act [F14or authorised or required to be provided under the National Health Service Act 1977].

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Amendments (Textual)

F3Words in s. 21(1)(a) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(1)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)

F7S. 21(1A)(1B) inserted (6.12.1999) by 1999 c. 33, s. 116, 169(2)(with Sch. 15, para. 5); S.I. 1999/3190, art. 2, Sch.

F8S. 21(2A)(2B) substituted (1.10.2001 for E. and otherwiseprosp.) by 2001 c. 15, ss. 53, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3167, art. 2, Sch.

Modifications etc. (not altering text)

C3S. 21 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, {art. 2,}, Sch.

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