- Latest available (Revised)
- Original (As enacted)
National Assistance Act 1948
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
There are multiple versions of this provision on screen. These apply to different geographical extents.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to National Assistance Act 1948. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 22(8A) inserted by 2003 c. 5 s. 17(1)
- s. 22(8A) words inserted by 2010 c. 18 s. 1(7)(a)
Commencement Orders yet to be applied to the National Assistance Act 1948:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/53 art. 4(c) commences (2001 c. 15)
- S.I. 2003/939 art. 2 commences (2001 c. 15)
- S.I. 2004/759 art. 2-13 commences (2003 c. 43)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2007/1897 art. 2 commences (2005 c. 9)
- S.I. 2009/139 art. 2 commences (2007 c. 12)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/631 art. 2 commences (2008 c. 14)
- S.I. 2010/30 art. 2-4 commences (2009 c. 21)
- S.I. 2010/708 art. 1-14 commences (2008 c. 14)
- S.I. 2010/989 art. 2 commences (2008 c. 14)
- S.S.I. 2007/334 art. 2 Sch. 1 2 commences (2007 asp 10)
- S.S.I. 2008/314 art. 2 commences (2007 asp 10)
22 Charges to be made for accommodation.E+W
(1)[F1Subject 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 [F2which 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 [F2and 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 F3. . ., and accordingly determine at what lower rate he shall be liable to pay for the accommodation:
F3. . .
(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.
[F4(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 [F5regulations made by the Secretary of State for the purposes of this subsection][F6except 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.]
[F7(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 [F8such 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.]
F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(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.
F11(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Amendments (Textual)
F1Words in s. 22(1) substituted (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(2); S.I. 1992/2975, art. 2(2), Sch.
F2Words in s. 22(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(3); S.I. 1992/2975, art. 2(2), Sch.
F3Words in s. 22(3) omitted (1.4.1993) by virtue of National Health Service and Community Care Act 1990 (c. 19), s. 44(4); S.I. 1992/2975, art. 2(2), Sch.
F4S. 22(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(5); S.I. 1992/2975, art. 2(2), Sch.
F5Words 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)
F6Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)
F7S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)
F8Words in s. 22(5A) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(6); S.I. 1992/2975, art. 2(2), Sch.
F9S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F10S. 22(7) repealed (6.4.1992) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/567, art. 2
F11S. 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)
C2S. 22 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
C3S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)
22 Charges to be made for accommodation.S
F12(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Subject to the following provisions of this section, the payment [F13which 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 [F13and 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 F14. . ., and accordingly determine at what lower rate he shall be liable to pay for the accommodation:
F14. . .
(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.
[F15(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 [F16regulations made by the Secretary of State for the purposes of this subsection][F17except 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.]
[F18(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 [F19such 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.]
F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(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.
F22(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Amendments (Textual)
F12S. 22(1) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F13Words in s. 22(2) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(3); S.I. 1992/2975, art. 2(2), Sch.
F14Words in s. 22(3) omitted (1.4.1993) by National Health and Community Care Act 1990 (c. 19), s. 44(4); S.I. 1992/2975, art. 2(2), Sch.
F15S. 22(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(5); S.I. 1992/2975, art. 2(2), Sch.
F16Words 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)
F17Words added by Social Security Act 1986 (c. 50, SIF 113:1), ss. 86(1), Sch. 10 para. 32(2)
F18S. 22(5A) inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(a)
F19Words in s. 22(5A) substituted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 44(6); S.I. 1992/2975, art. 2(2), Sch.
F20S. 22(6) repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F21S. 22(7) repealed (6.4.1992) by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(2), Sch. 10; S.I. 1992/567, art. 2
F22S. 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)
C4Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)
C5S. 22(3) restricted (S.) by S.I. 1990/612, reg. 3(1)
C6S. 22(2)–(9) applied with modification by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)(4)
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources