OpenLegislation

National Assistance Act 1948 in Northern Ireland

11 & 12 Geo. 6 c. 29 · Enacted 13 May 1948 · Extends to United Kingdom

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 4 April 2019.

See the changes not yet applied
ProvisionChangeMade by
s. 51(3)(a)words substitutedCriminal Justice Act 2003 Sch. 26 para. 12(2)
s. 51(3)(b)words substitutedCriminal Justice Act 2003 Sch. 26 para. 12(2)
s. 52(1)words substitutedCriminal Justice Act 2003 Sch. 26 para. 12(3)
s. 22(8A)words insertedPersonal Care at Home Act 2010 s. 1(7)(a)
s. 26(4AA)words insertedPersonal Care at Home Act 2010 s. 1(7)(b)
s. 21(5)applied by 2003 c. 5 s. 15(4E) (as inserted)Personal Care at Home Act 2010 s. 1(5)

Contents

  1. 2—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Welfare Services
  6. 30AResearch.
  7. 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. Local and Central Authorities
  9. 34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. 36Default powers of Minister. Repealed
  11. Registration etc. of homes for disabled persons and the aged and charities for disabled persons
  12. 37—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 45Recovery in cases of misrepresentation or non-disclosure.
  15. 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  16. 52False statements.
  17. Supplementary
  18. 67Provisions as to Northern Ireland.
  19. Schedule FIRST AND SECOND SCHEDULESSchedule FIRST AND SECOND SCHEDULES
  20. Schedule THIRD: Administrative Provisions as to Local Authorities
  21. Part I
  22. 1—8Paragraph 1—8 Repealed
  23. Schedule FIFTHSchedule FIFTH
  24. Schedule SIXTH: Transitional Provisions
  25. 1Paragraph 1 Repealed
  26. 2, 3Paragraph 2, 3 Repealed
  27. 4, 5Paragraph 4, 5 Repealed
  28. 6Paragraph 6
  29. 10Paragraph 10
  30. 11Paragraph 11
  31. 12, 13Paragraph 12, 13 Repealed
  32. 14Paragraph 14
  33. 15Paragraph 15
  34. 16Paragraph 16
  35. 17Paragraph 17 Repealed
  36. 18Paragraph 18 Repealed
  37. 20Paragraph 20
  38. 21Paragraph 21
  39. Schedule SEVENTHSchedule SEVENTH

2—20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

30AResearch.F1F2

Without prejudice to any powers conferred on them by any other Act,—

(a)

the Secretary of State may promote research into any matter relating to the functions of local authorities under this Part of this Act, and, in particular, may participate with or assist other persons in conducting such research; and

(b)

a local authority may conduct or assist other persons in conducting research into any matter relating to the functions of local authorities under this Part of this Act.

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

36Default powers of Minister.F1

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37—40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

45Recovery in cases of misrepresentation or non-disclosure.C2C1F1

(1)

If, whether fraudulently or otherwise, any person misrepresents or fails to disclose any material fact, and in consequence of the misrepresentation or failure—

(a)

F2... a local authority incur any expenditure under ... Part III of this Act, or

(b)

any sum recoverable under this Act by ... a local authority is not recovered,

the ... authority shall be entitled to recover the amount thereof from the said person.

F32)—(4)

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46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

52False statements.C1F1

(1)

If any person—

(a)

for the purpose of obtaining, either for himself or for another person, any benefit under F2... Part III of this Act; or

(b)

for the purpose of avoiding or reducing any liability under this Act,

makes any statement or representation which he knows to be false, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(2)

Notwithstanding anything in any enactment, proceedings for an offence under this section may be begun at any time within three months from the date on which evidence sufficient in the opinion of ... the local authority concerned to justify a prosecution for the offence comes to the knowledge of the ... local authority, or within twelve months from the commission of the offence, whichever period is the longer.

(3)

For the purposes of the last foregoing subsection, a certificate ... of the local authority as to the date on which such evidence as aforesaid came to the knowledge of ... the local authority, as the case may be, shall be conclusive proof thereof.

(4)

In the application of this section to Scotland, for the references to evidence sufficient to justify a prosecution there shall be substituted references to evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution.

67Provisions as to Northern Ireland.F1

F2(1)

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(2)

Save as expressly provided therein, the provisions of this Act F3... shall not extend to Northern Ireland.

Schedule FIRST AND SECOND SCHEDULESF1

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1—8F1

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Schedule FIFTHF1

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1

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2, 3

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4, 5

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6C1

(1)

Any land which immediately before the appointed day was held by the council of a county or county borough for the purposes of any enactment repealed by this Act, or which on the appointed day vests in or thereafter is transferred to the council of a county or county borough by virtue of this Schedule, shall save as otherwise provided in this Schedule be deemed to have been appropriated for such of the purposes of this Act as the council may determine.

(2)

Any right of a council of a county or county borough subsisting immediately before the appointed day to use land for the purposes of any enactment repealed by this Act shall on and after the appointed day continue to subsist as a right to use the land for such of the purposes of this Act as the council may determine, subject however to the cesser of the right in any event (other than the repeal of the said enactment) in which it would have ceased apart from this sub-paragraph.

F1(3)

Nothing in this paragraph shall affect the provisions of the M1National Health Service Act, 1946, or the M2National Health Service (Scotland) Act, 1947, as to the transfer and vesting of hospitals.

(4)

In this paragraph the expression “land” includes any interest in land and any easement, servitude or right in, to or over land.

10

(1)

Where immediately before the appointed day a person was receiving relief in a workhouse within the meaning of the M1Poor Law Act, 1930, then, if he is in need of accommodation under Part III of this Act, the authority liable to provide the accommodation shall, so long as the need continues, be the authority by which the relief was given.

(2)

If immediately before the appointed day the cost of the relief referred to in the last foregoing sub-paragraph was recoverable from another authority, the authority giving relief shall have the like right to recover from the other authority the cost of any accommodation provided by virtue only of the last foregoing sub-paragraph.

(3)

In respect of accommodation provided as aforesaid an authority shall be entitled to recover cost from another authority in accordance with the last foregoing sub-paragraph and not otherwise, but nothing in this paragraph shall affect any right of recovery from any other person.

(4)

References in the foregoing provisions of this paragraph to the authority giving relief shall be construed, where the authority to whom application for relief was made and the authority managing the workhouse were not the same, as references to the authority to whom the application was made.

11

Where immediately before the appointed day a person was being maintained, in pursuance of an arrangement made by an authority in the exercise of functions under the M1Poor Law Act, 1930, in premises not managed by a local authority, that arrangement shall for the purposes of section twenty-six of this Act be deemed, so far as it relates to the said person and until he ceases to be maintained in the premises, to be an arrangement under subsection (1) thereof, notwithstanding that the premises are not managed by a voluntary organisation.

12, 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

14

Where immediately before the appointed day the fact that a person was living in any place was to be disregarded in determining, for the purposes of any enactment repealed by this Act, his residence or ordinary residence, that fact shall be disregarded in determining his ordinary residence for the purposes of this Act.

15

Where any right of a local authority to recover any sum from another local authority depends upon the determination under the M1Poor Law Act, 1930, of any question as to settlement, removal or chargeability of any person pending at the appointed day, section one hundred and five of the said Act of 1930 (which provides for the recovery of the cost of relief by one council from another) shall continue to apply, but as if for proviso (b) to subsection (1) thereof (which excludes the provisions of that section where a removal order is refused on grounds of irremovability) there were substituted—

“(b)

this section shall not apply where the person whose settlement is in question has acquired a status of irremovability in the area of the local authority seeking to recover the cost of his relief.”

16

Where on the appointed day a local authority in Scotland hold as trustees any property wholly or mainly for the use or benefit of the poor (within the meaning of section fifty-two of the M1Poor Law (Scotland) Act, 1845) of the whole or any part of their area, they shall hold and apply the property or the income thereof to such charitable purposes for the use and benefit of the persons for whom it is the duty of the local authority to make provision or arrangements under Part III of this Act as the authority may think fit.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

20

(1)

For the purposes of any provision of this Schedule the expression “the appointed day” means such day appointed by the order under subsection (2) of section sixty-eight of this Act as may be specified in the order in relation to the provision in question.

(2)

References in this Schedule to a workhouse within the meaning of the M1Poor Law Act, 1930, include, in relation to London, references to an asylum provided under section one hundred and twenty-three of that Act.

21

The following provisions shall have effect for the purpose of the application of this Schedule to Scotland:—

(a)

for references to the Minister of Health there shall be substituted references to the Secretary of State;

(b)

for references to a county borough there shall be substituted references to a large burgh;

(c)

for references to the M1Poor Law Act, 1930, there shall be substituted references to the enactments relating to the relief of the poor in Scotland, and the expression “workhouse” means poorhouse;

(d)

any reference to the local authority by which a poorhouse was provided shall include a reference to a combination of local authorities;

(e)

paragraphs 12, 13 and 15 shall not apply.

Schedule SEVENTHF1

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