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National Assistance Act 1948

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

Modifications etc. (not altering text)

(1)Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F1 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2)On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3)For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4)In this section the expression “assistance” means . . . F1 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction [F2having jurisdiction in the place][F2appointed for the commission area F3. . .] where the assistance was given or applied for.

(5)Payments under subsection (2) of this section shall be made—

(a)to . . . F1 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b)to the applicant for assistance or any other person being a person assisted, or

(c)to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

[F4[F5(6)An order under this section shall be enforceable as a magistrates’ court maintenance order within the meaning of section 150(1) of the Magistrates’ Courts Act 1980.]

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(8)Subsections (6) and (7) of this section do not extend to Scotland.]

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

Amendments (Textual)

F2Words commencing “appointed for the” substituted (E.W) for words “having jurisdiction in the place” by Domestic Proceedings and Magistrates' Courts Act 1978 (c.22, SIF 49:3), Sch. 1, Sch. 2 para. 6

F3Words in s. 43(4) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with s. 107, Sch. 14 paras. 7(2), 36(9); S.I. 1999/2657, art. 2(d)(iii)

Modifications etc. (not altering text)

43 Recovery of cost of assistance from persons liable for maintenance. S
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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.

Modifications etc. (not altering text)

(1)Where assistance is given or applied for by reference to the requirements of any person (in this section referred to as a person assisted), . . . F7 the local authority concerned may make a complaint to the court against any other person who for the purposes of this Act is liable to maintain the person assisted.

(2)On a complaint under this section the court shall have regard to all the cirumstances and in particular to the resources of the defendant, and may order the defendant to pay such sum, weekly or otherwise, as the court may consider appropriate.

(3)For the purposes of the application of the last foregoing subsection to payments in respect of assistance given before the complaint was made, a person shall not be treated as having at the time when the complaint is heard any greater resources than he had at the time when the assistance was given.

(4)In this section the expression “assistance” means . . . F7 the provision of accommodation under Part III of this Act (hereinafter referred to as “assistance under Part III of this Act”); and the expression “the court” means a court of summary jurisdiction appointed for the commission area (within the meaning of [F8the Justices of the Peace Act 1979]) where the assistance was given or applied for.

(5)Payments under subsection (2) of this section shall be made—

(a)to . . . F7 the local authority concerned, in respect of the cost of assistance, whether given before or after the making of the order, or

(b)to the applicant for assistance or any other person being a person assisted, or

(c)to such other person as appears to the court expedient in the interests of the person assisted,

or as to part in one such manner and as to part in another, as may be provided by the order.

Annotations: Help about Annotation
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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 the provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

Modifications etc. (not altering text)

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