# The London Authorities (Health and Welfare Services) Order 1964, Article 5: National Assistance


(1) Where immediately before 1st April 1965 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 any authority abolished by section 3(1)(b) of the Act or in the counties of Hertfordshire, Essex, Kent or Surrey, that person shall on and after that date be deemed to have been ordinarily resident in the county or London borough of his former place of residence.
(2) 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 prior to 1st April 1965 in accommodation provided under Part III of the Act of 1948 by the county councils of Hertfordshire, Essex, Kent or Surrey, or for whom services under section 29 of that Act are then being provided by any of those councils, shall on and after that date be deemed to have been ordinarily resident in the county or London borough of his former place of residence.
(3) Where a person (other than a person to whom paragraph (1) of this article applies) who resided immediately prior to 1st April 1965 in accommodation provided under Part III of the Act of 1948 by any authority abolished by section 3(1)(b) of the Act, at any time thereafter, with the consent of the council of the county or London borough of his former place of residence, leaves that accommodation and without acquiring a new ordinary residence enters accommodation provided under the said Part III by another local authority, he shall be deemed to be ordinarily resident in such county or London borough, as the case may be.
(4) Where any person in hospital at 1st April 1965 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 authority abolished by section 3(1)(b) of the Act or in the counties of Hertfordshire, Essex, Kent or Surrey, he shall be deemed to be ordinarily resident in the county or London borough in which on 1st April 1965 is situated the place at which he was ordinarily resident immediately prior to his admission to hospital.
(5) Except as provided in paragraphs (1) and (3) of this article, a person residing immediately prior to 1st April 1965 in accommodation provided under Part III of the Act of 1948 by the county councils of London or Middlesex shall not in consequence of the Act be treated as ordinarily resident in the area of any other local authority.
(6) 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 forgo recovery of the sum.
(7) Any question arising under paragraph (1), (2), (3) or (4) of this article as to the ordinary residence of any person shall be determined by the Minister.
(8) In this article the expression “county or London borough of his former place of residence” means in relation to any person the county or London borough in which on 1st April 1965 is situated the place at which he was, or is deemed to have been, ordinarily resident immediately prior to his admission to accommodation provided under Part III of the Act of 1948, or, as the case may be, at the time when services under section 29 of that Act were provided for him.
(9) Any order in force under section 47 of the Act of 1948, immediately prior to 1st April 1965 authorising the detention of any person in accommodation provided under Part III of that Act and directed to an officer of any authority abolished by section 3(1)(b) of the Act or the county councils of Hertfordshire, Essex, Kent or Surrey, shall not be affected by any transfer 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.

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Source: https://www.legislation.gov.uk/uksi/1964/1474/article/5 (the official version)
Page: https://openlegislation.uk/london-authorities-health-and-welfare-services-order-1964/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.