Can anyone tell me where I can get hold of a copy of Part III of the National Assistance Act of 1948 Section 22 please. I have tried googling but havent found what I am looking for.

Jan

Shawn has previously posted on here about the government's plans to publish a vast statute law database going back to the thirteenth century, but, not until 2006.

If you can't wait until then you can get a copy of the full act from HM Stationery Office. It'll cost about £12. If you don't want the full act (or to shell out £12) but just want to see one section, then, do you have access (or know anyone who does - like a student maybe) to a law library. You could photocopy the relevant section.

Regards
Paul

Sorry if this has lost formatting...still readable though and I hope it helps

Steven



22.— Charges to be made for accommodation.
(1) <6> Subject 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 which 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 and 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, 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.
(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 regulations
made by the Secretary of State for the purposes of this subsection except 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.
(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 such 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.
(7) Where accommodation is provided for a child accompanied by a person over the age of sixteen,
the foregoing provisions of this section shall have effect subject to the following modifications:—
(a) in respect of the accommodation provided for the child payment shall be made by the
person by whom the child is accompanied,
(b) the personal requirements of the child shall be treated as personal requirements of the
person by whom the child is accompanied, and for the purposes of subsection (4) of this
section the fact that that person is accompanying the child may be treated as special
circumstances.
(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.
< (8A) This section shall have effect subject to any regulations under section 15 of the Community[br />Care (Delayed Discharges etc.) Act 2003 (power to require certain community care services and
services for carers to be provided free of charge). ]7
National Assistance Act 1948 Page 4

Thank you for your speedy replies. That is absolutely brilliant, cheers

Mon 19-Dec-05 01:53 PM by shawn

hi jan ....

not the regs themselves, but have you seen CRAG ...(the DoH's Charging for Residential Accommodation Guide)

april 2005 version @ Charging for Residential Accommodation Guide

Tue 20-Dec-05 11:49 AM by shawn

Section 22 NAA 1948 gives LA the ability to charge for accommodation, and CRAG is guidance telling local authorities how to calculate an assessed charge based on National Assistance (Assessment of Resources) Regs 1992.

There has also been an Update to CRAG in December (but no consolidated CRAG as yet).