Office of Public Sector Information

Part I Introductory

1 Supersession of existing poor law

The existing poor law shall cease to have effect, and shall be replaced by the provisions . . . F1 of Part III of this Act as to accommodation and other services to be provided by local authorities, and the related provisions of Part IV of this Act.

Part II

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

Part III Local Authority Services

Provision of Accommodation

[ F121 Duty of local authorities to provide accommodation

(1)[F2Subject to and in accordance with the provisions of this Part of this Act, a local authority may with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for providing]—

(a)residential accommodation for persons [F3aged eighteen or over] who by reason of age, [F4illness, disability] or any other circumstances are in need of care and attention which is not otherwise available to them; [F5and

(aa)residential accommodation for expectant and nursing mothers who are in need of care and attention which is not otherwise available to them]

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(1A)A person to whom section 115 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies may not be provided with residential accommodation under subsection (1)(a) if his need for care and attention has arisen solely—

(a)because he is destitute; or

(b)because of the physical effects, or anticipated physical effects, of his being destitute.

(1B)Subsections (3) and (5) to (8) of section 95 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule 8 to that Act, apply for the purposes of subsection (1A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.]

(2)In [F2making any such arrangements] a local authority shall have regard to the welfare of all persons for whom accommodation is provided, and in particular to the need for providing accommodation of different descriptions suited to different descriptions of such persons as are mentioned in the last foregoing subsection.

[F8(2A)In determining for the purposes of paragraph (a) or (aa) of subsection (1) of this section whether care and attention are otherwise available to a person, a local authority shall disregard so much of the person’s resources as may be specified in, or determined in accordance with, regulations made by the Secretary of State for the purposes of this subsection.

(2B)In subsection (2A) of this section the reference to a person’s resources is a reference to his resources within the meaning of regulations made for the purposes of that subsection.]

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(4)[F10Subject to the provisions of section 26 of this Act] accommodation provided by a local authority in the exercise of their [F2functions under this section] shall be provided in premises managed by the authority or, to such extent as may be [F2determined in accordance with the arrangements] under this section, in such premises managed by another local authority as may be agreed between the two authorities and on such terms, including terms as to the reimbursement of expenditure incurred by the said other authority, as may be so agreed.

(5)References in this Act to accommodation provided under this part thereof shall be construed as references to accommodation provided in accordance with this and the five next following sections, and as including references to board and other services, amenities and requisites provided in connection with the accommodation except where in the opinion of the authority managing the premises their provision is unnecessary.

(6)References in this Act to a local authority providing accommodation shall be construed, in any case where a local authority agree with another local authority for the provision of accommodation in premises managed by the said other authority, as references to the first-mentioned local authority.

(7)Without prejudice to the generality of the foregoing provisions of this section, a local authority may—

(a)provide, in such cases as they may consider appropriate, for the conveyance of persons to and from premises in which accommodation is provided for them under this Part of the Act;

[F11(b)make arrangements for the provision on the premises in which the accommodation is being provided of such other services as appear to the authority to be required.]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

(8)F13. . ., nothing in this section shall authorise or require a local authority to make any provision authorised or required to be made (whether by that or by any other authority) by or under any enactment not contained in this Part of this Act [F14or authorised or required to be provided under the National Health Service Act 1977].]

22 Charges to be made for accommodation

(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:

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22 Charges to be made for accommodation

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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:

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F123 Management of premises in which accommodation provided

(1)Subject to the provisions of this Part of this Act, a local authority may make rules as to the conduct of premises under their management in which accommodation is provided under this Part of this Act and as to the preservation of order in the premises.

(2)Rules under this section may provide that where by reason of any change in a person’s circumstances he is no longer qualified to receive accommodation under this Part of this Act or where a person has otherwise become unsuitable therefor, he may be required by the local authority managing the premises to leave the premises in which the accommodation is provided.

(3)Rules under this section may provide for the waiving of part of the payments due under the last foregoing section where in compliance with the rules persons for whom accommodation is provided assist in the running of the premises.]

[F124 Authority liable for provision of accommodation

(1)The local authority [F2empowered] under this Part of this Act to provide residential accommodation for any person shall subject to the following provisions of this Part of this Act be the authority in whose area the person is ordinarily resident.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(3)Where a person in the area of a local authority—

(a)is a person with no settled residence, or

(b)not being ordinarily resident in the area of the local authority, is in urgent need of residential accommodation under this Part of this Act,

the authority shall have the like [F2power] to provide residential accommodation for him as if he were ordinarily resident in their area.

(4)Subject to and in accordance with the [F2arrangements] under section twenty-one of this Act, a local authority shall have power, as respects a person ordinarily resident in the area of another local authority, with the consent of that other authority to provide residential accommodation for him in any case where the authority would have a duty to provide such accommodation if he were ordinarily resident in their area.

(5)Where a person is provided with residential accommodation under this Part of this Act, he shall be deemed for the purposes of this Act to continue to be ordinarily resident in the area in which he was ordinarily resident immediately before the residential accommodation was provided for him.

[F4(6)For the purposes of the provision of residential accommodation under this Part of this Act, a [F5patient in a hospital vested in the Secretary of State [F6, a Primary Care Trust]or an NHS trust shall] be deemed to be ordinarily resident in the area, if any, in which he was ordinarily resident immediately before he was admitted as a patient to the hospital, whether or not he in fact continues to be ordinarily resident in that area.]

[F7(7)In subsection (6) above “NHS trust” means a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or under the National Health Service (Scotland) Act 1978 [F8 , and “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977.].]]