Article 4 National Assistance

Where immediately before 1st April 1974 any expenditure is recoverable under section 32(1) or section 47(9) of the Act of 1948 in respect of any person who was, or is deemed to have been, ordinarily resident in the area of a dissolved authority, that person shall on and after 1st April 1974 be deemed to be ordinarily resident in the non-metropolitan county or metropolitan district or in Wales the county of his former place of residence.

For the purposes of section 32(1) or section 47(9) of the Act of 1948 any person (other than a person to whom paragraph (1) of this Article applies) residing immediately before 1st April 1974 in accommodation provided under Part III of the Act of 1948 by any dissolved authority, or for whom services under section 29 of that Act or under section 45 of the Act of 1968 are then being provided by any such authority, shall on and after that date be deemed to be ordinarily resident in the non-metropolitan county or metropolitan district or in Wales the country of his former place of residence.

Where any person in hospital on 1st April 1974 subsequently enters accommodation provided under Part III of the Act of 1948 in circumstances in which he would but for the Act be deemed to be ordinarily resident in the area of any dissolved authority, he shall be deemed to be ordinarily resident in the non-metropolitan county or metropolitan district or in Wales the county in which on 1st April 1974 is situated the place at which he was ordinarily resident immediately prior to his admission to hospital.

Any local authority by whom any sum is recoverable under section 32(1) or section 47(9) of the Act of 1948 in consequence of this order may agree with any local authority from whom the sum is recoverable to forego recovery of the sum.

Any question arising under paragraph (1), (2) or (3) of this Article as to the ordinary residence of any person shall be determined by the Secretary of State.

Any order in force under section 47 of the Act of 1948, immediately before 1st April 1974 authorising the detention of any person in accommodation provided under Part III of that Act and directed to an officer of any dissolved authority, shall not be affected by any transfer under the Property Orders of the premises in which the person is detained, but, subject to any further order of the court, shall continue to have effect as if the order had been directed to the appropriate officer of the authority to whom the premises are transferred.