Office of Public Sector Information
PART III continued
F1S. 25 repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F1(1)Subject to subsections (1A) and [F2(1C)] below, arrangements under section 21 of this Act may include arrangements made with a voluntary organisation or with any other person who is not a local authority where—
(a)that organisation or person manages premises which provide for reward accommodation falling within subsection (1) (a) or (aa) of that section, and
(b)the arrangements are for the provision of such accommodation in those premises.
[F3(1A)Arrangements must not be made by virtue of this section for the provision of accommodation together with nursing or personal care for persons such as are mentioned in section 3(2) of the Care Standards Act 2000 (care homes) unless—
(a)the accommodation is to be provided, under the arrangements, in a care home (within the meaning of that Act) which is managed by the organisation or person in question; and
(b)that organisation or person is registered under Part II of that Act in respect of the home.]
(1C)Subject to subsection (1D) below, [F4no arrangements may be made by virtue of this section for the provision of accommodation together with nursing]without the consent of such [F5Primary Care Trust or][F6Health Authority] as may be determined in accordance with regulations.
(1D)Subsection (1C) above does not apply to the making by an authority of temporary arrangements for the accommodation of any person as a matter of urgency; but, as soon as practicable after any such temporary arrangements have been made, the authority shall seek the consent required by subsection (1C) above to the making of appropriate arrangements for the accommodation of the person concerned.
(1E)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Any [F8arrangements made by virtue of F9. . . this section] shall provide for the making by the local authority to [F10the other party thereto] of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F11and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangments the amount of the refund which he is liable to make in accordance with the following provisions of this section].
(3)[F12Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:
Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).
[F13(3A)Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—
(a)so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;
(b)the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and
(c)the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]
(4)Subsections [F14(5A),]F15 . . . , (7) and (9) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as they apply for the purposes of the said section twenty-two.
[F16(4A)Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]
(5) Where in any premises accommodation is being provided under F17. . . this section in accordance with arrangements made by any local authority, any person authorised in that behalf by the authority may at all reasonable times enter and inspect the premises.
F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M1Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946 [F19F20. . . and “exempt body” means an authority or body constituted by an Act of Parliament or incorporated by Royal Charter].
F1S. 26(1)-(1E) substituted (E.W.) (1.4.1993) for s. 26(1)(1A) by Community Care (Residential Accommodation) Act 1992 (c. 49), s. 1(1) (s. 1(2) of which Act repealed s. 42(2) of 1990 c. 19); S.I. 1992/2976, art. 2
F2Words in s. 26(1) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(2); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, arts. 2, 3 (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)
F3S. 26(1A) substituted for s. 26(1A)(1B) (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(3); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, 3 (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)
F4Words in s. 26(1C) substituted (1.4.2002) by Care Standards Act 2000 (c. 14), s. 116, Sch. 4 para. 1(4); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts. 2, 3 (subject to art. 3(4)-(10) and with transitional provisions in Schs. 1-3)
F5Words in s. 26(1C) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 38; S.I. 2002/2478, art. 3(1)(a) (subject to arts. 3(3), 4)
F6Words in s. 26(1C) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 87(2) (with Sch. 2 paras. 6, 16)
F7S. 26(1E) repealed (1.4.2002 for E. and otherwise prosp. ) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I 2002/920, arts 2, 3 (with arts. 3(5)-(10) and subject to transitional provisions in Schs. 1-3)
F8Words from “arrangements” to “section” substituted (E.W.) for words from “such” to “aforesaid” by Local Government Act 1972 (c. 70, SIF 81:1), s. 195(6), Sch. 23 para. 2(3)
F9Words in s. 26(2) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(5)(a), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.
F10
“the other party thereto” substituted (E.W.) for “the organisation” by Health Services and Public Health Act 1968 (c. 46, SIF 81:3), s. 44(2)
F11Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.
F12Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.
F13S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.
F14
“(5A),” inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(b)
F15
“(6)” repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F16S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.
F17Words in s. 26(5) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1)(2), Sch. 9 para. 5(5)(c), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.
F18S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4
F19Definitions in s. 26(7) added (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(5); S.I. 1992/2975, art. 2(2), Sch.
F20Definition of “small home” in s. 26(7) omitted (1.4.1993) by Registered Homes (Amendment) Act 1991 (c. 20), s. 2(5)(b); S.I. 1992/2240, art. 2
C1S. 26 extended (E.W.) by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
C2S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
M11936 c. 51.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Anysuch arrangements as aforesaid shall provide for the making by the local authority tothe organisation of payments in respect of the accommodation provided at such rates as may be determined by or under the arrangements [F2and subject to subsection (3A) below the local authority shall recover from each person for whom accommodation is provided under the arrangments the amount of the refund which he is liable to make in accordance with the following provisions of this section].
(3)[F3Subject to subsection (3A) below] A person for whom accommodation is provided under any such arrangements shall, in lieu of being liable to make payment therefor in accordance with section twenty-two of this Act, refund to the local authority any payments made in respect of him under the last foregoing subsection:
Provided that where a person for whom accommodation is provided, or proposed to be provided, under any such arrangements satisfies the local athority that he is unable to make a refund at the full rate determined under that subsection, subsections (3) to (5) of section twenty-two of this Act shall, with the necessary modifications, apply as they apply where a person satisfies the local authority of his inability to pay at the standard rate as mentioned in the said subsection (3).
[F4(3A)Where accommodation in any premises is provided for any person under arrangements made by virtue of this section and the local authority, the person concerned and the voluntary organisation or other person managing the premises (in this subsection referred to as “the provider”) agree that this subsection shall apply—
(a)so long as the person concerned makes the payments for which he is liable under paragraph (b) below, he shall not be liable to make any refund under subsection (3) above and the local authority shall not be liable to make any payment under subsection (2) above in respect of the accommodation provided for him;
(b)the person concerned shall be liable to pay to the provider such sums as he would otherwise (under subsection (3) above) be liable to pay by way of refund to the local authority; and
(c)the local authority shall be liable to pay to the provider the difference between the sums paid by virtue of paragraph (b) above and the payments which, but for paragraph (a) above, the authority would be liable to pay under subsection (2) above.]
(4)Subsections [F5(5A),]F6 . . . , (7) and (9) of the said section twenty-two shall, with the necessary modifications, apply for the purposes of the last foregoing subsection as they apply for the purposes of the said section twenty-two.
[F7(4A)Section 21(5) of this Act shall have effect as respects accommodation provided under arrangements made by virtue of this section with the substitution for the reference to the authority managing the premises of a reference to the authority making the arrangements.]
F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)In this section the expression “voluntary organisation” includes any association which is a housing association for the purposes of the M1Housing Act, 1936, or the Housing (Scotland) Acts, 1925 to 1946.
F1S. 26(1)(5) repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt. I
F2Words in s. 26(2) added (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(3); S.I. 1992/2975, art. 2(2), Sch.
F3Words in s. 26(3) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.
F4S. 26(3A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 42(4); S.I. 1992/2975, art. 2(2), Sch.
F5
“(5A),” inserted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 20(1)(b)
F6
“(6)” repealed by Housing (Homeless Persons) Act 1977 (c. 48), s. 20(4), Sch.
F7S. 26(4A) inserted (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 5(5)(b); S.I. 1992/2975, art. 2(2), Sch.
F8S. 26(6) repealed and superseded by Health Services and Public Health Act 1968 (c. 46), s. 65(4)(6), Sch. 4
C1Power to modify conferred (prosp.) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 2, 27(2)
C2S. 26(2)–(4) applied by Social Work (Scotland) Act 1968 (c. 49), s. 87(3)
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
M11936 c. 51.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1S. 26A ceased to have effect (8.4.2002) by virtue of 2001 c. 15, s. 50(1)(a) and repealed (15.4.2002) by 2001 c. 15, s. 67(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2001/3752, art. 2(1); S.I. 2002/1312, art. 3
F1S. 27 repealed by Social Security Act 1980 (c. 30, SIF 113:1), ss. 8, 21(4), Sch. 5 Pt. II
F1S. 28 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. II; Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 (c. 64), Sch. 6 Pt. III
(1)A local authority [F2may, with the approval of the Secretary of State, and to such extent as he may direct in relation to persons ordinarily resident in the area of the local authority shall] make arrangements for promoting the welfare of persons to whom this section applies, that is to say persons [F3aged eighteen or over] who are blind, deaf or dumb, [F4or who suffer from mental disorder of any description] and other persons [F3aged eighteen or over] who are substantially and permanently handicapped by illness, injury, or congenital deformity or such other disabilities as may be prescribed by the Minister.
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4)Without prejudice to the generality of the provisions of subsection (1) of this section, arrangements may be made thereunder—
(a)for informing persons to whom arrangements under that subsection relate of the services available for them thereunder;
(b)for giving such persons instruction in their own homes or elsewhere in methods of overcoming the effects of their disabilities;
(c)for providing workshops where such persons may be engaged (whether under a contract of service or otherwise) in suitable work, and hostels where persons engaged in the workshops, and other persons to whom arrangements under subsection (1) of this section relate and for whom work or training is being provided in pursuance of the M1Disabled Persons (Employment) Act, 1944, [F6or the M2Employment and Training Act 1973] may live;
(d)for providing persons to whom arrangements under subsection (1) of this section relate with suitable work (whether under a contract of service or otherwise) in their own homes or elsewhere;
(e)for helping such persons in disposing of the produce of their work;
(f)for providing such persons with recreational facilities in their own homes or elsewhere;
(g)for compiling and maintaining classified registers of the persons to whom arrangements under subsection (1) of this section relate.
[F7(4A)Where accommodation in a hostel is provided under paragraph (c) of subsection (4) of this section—
(a)if the hostel is managed by a local authority, section 22 of this Act shall apply as it applies where accommodation is provided under section 21;
(b)if the accommodation is provided in a hostel managed by a person other than a local authority under arrangements made with that person, subsections (2) to (4A) of section 26 of this Act shall apply as they apply where accommodation is provided under arrangements made by virtue of that section; and
(c)sections 32 and 43 of this Act shall apply as they apply where accommodation is provided under sections 21 to 26;
and in this subsection references to “accommodation” include 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 or, in the case mentioned in paragraph (b) above, the authority making the arrangements their provision is unnecessary.]
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(6)Nothing in the foregoing provisions of this section shall authorise or require—
(a)the payment of money to persons to whom this section applies, other than persons for whom work is provided under arrangements made by virtue of paragraph (c) or paragraph (d) of subsection (4) of this section or who are engaged in work which they are enabled to perform in consequence of anything done in pursuance of arrangements made under this section; or
(b)the provision of any accommodation or services required to be provided under the [F9National Health Service Act 1977] or the M3National Health Service (Scotland) Act, 1947.
(7)A person engaged in work in a workshop provided under paragraph (c) of subsection (4) of this section, or a person in receipt of a superannuation allowance granted on his retirement from engagement in any such workshop, 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 he [F10was accepted for work in that workshop; and for the purposes of this subsection a course of training in such a workshop shall be deemed to be work in that workshop].]
F1S. 29 repealed (S.) by Social Work (Scotland) Act 1968 (c. 49), Sch. 9 Pt.
F2Words substituted by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 para. 2(4)
F3Words in s. 29(1) inserted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 11(2)(with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
F4Words inserted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4
F5S. 29(2)(3) repealed by Local Government Act 1972 (c. 70), s. 195(6), Sch. 23 Para. 2(4), Sch. 30
F6Words inserted by Employment and Training Act 1973 (c. 50), Sch. 3 para. 3
F7S. 29(4A) inserted (E.W.) (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 44(7); S.I. 1992/2975, art. 2(2), Sch.
F8S. 29(5) repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30, Sch. 10
F9Words substituted by National Health Service Act 1977 (c. 49, SIF 113:2), s. 129, Sch. 15 para. 6
F10Words substituted retrospectively by National Assistance (Amendment) Act 1959 (c. 30), s. 1(2)(3)
C1S. 29 saved by Local Authority Social Services Act 1970 (c. 42), s. 7
C2S. 29 amended by Chronically Sick and Disabled Persons Act 1970 (c. 44), s. 2
C3S. 29 excluded by Local Authority Social Services Act 1970 (c. 42) s. 2(1), Sch. 1
C4S. 29 superseded in part by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(2)
C5S. 29 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 para. 1 (with s. 159); S.I. 2002/2811, art. 2, Sch.
C6S. 29(4)(c) amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)
C7S. 29(6) amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1); modified by Mental Health Act, 1959 (c. 72), s. 8(2)
C8S. 29(6)(b) amended by Health Services and Public Health Act 1968 (c. 46), Sch. 3 Pt. I
C9S. 29(7) amended by Disabled Persons (Employment) Act 1958 (c. 33), s. 3(4), Sch. para. 1(1)
M11944 c. 10.
M21973 c. 50.
M31947 c. 27.
National Assistance Act 1948