National Assistance Act 1948
1948 c.29
An Act to terminate the existing poor law and to provide in lieu thereof for the assistance of persons in need by the National Assistance Board and by local authorities; to make further provision for the welfare of disabled, sick, aged and other persons and for regulating homes for disabled and aged persons and charities for disabled persons; to amend the law relating to non-contributory old age pensions; to make provision as to the burial or cremation of deceased persons; and for purposes connected with the matters aforesaid.
[13th May 1948]
The existing poor law shall cease to have effect, and shall be replaced by the provisions ... 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.
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.
(1) In this Part of this Act the expression “local authority” (except in “local authority in England”) means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in ... Wales, and a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in Scotland and “local authority in England” means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in England.
...
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Recovery in cases of misrepresentation or non-disclosure.
(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) ... 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.
(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
49 Expenses of council officers acting as Receivers.
Where an officer of the council of a county or county borough a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London, with the permission of the council applies for appointment by the Court of Protection as a deputy, or applies for an intervention order or for appointment as a guardian under the Adults with Incapacity (Scotland) Act 2000 (asp 4) the council may defray any expenses incurred by him in connection with the application or the exercise of his functions as deputy, or his functions under the intervention order or as guardian in so far as those expenses are not recoverable by him from any other source.
(1) Where a person persistently refuses or neglects to maintain himself ... , and in consequence of his refusal or neglect ... accommodation under Part III thereof is provided for him , he shall be guilty of an offence.
(2) For the purposes of this section, a person shall not be deemed to refuse or neglect to maintain himself ... by reason only of anything done or omitted in furtherance of a trade dispute.
(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months—
(a) ... to imprisonment for a term not exceeding three months;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) If any person—
(a) for the purpose of obtaining, either for himself or for another person, any benefit under ... 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 level 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.
(1) A person who proposes to exercise any power of entry or inspection conferred by this Act shall if so required produce some duly authenticated document showing his authority to exercise the power.
(2) Any person who obstructs the exercise of any such power as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) Without prejudice to any other method of recovery, any sum due under this Act ... to a local authority ... shall be recoverable summarily as a civil debt.
(2) Notwithstanding anything in any Act, proceedings for the recovery of any sum in the manner provided by the last foregoing subsection may be brought at any time within three years after the sum became due.
(3) Offences under this Act, other than offences under section 47(11) of this Act, may be prosecuted by any council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in Wales and offences under section 47(11) of this Act may be prosecuted by the councils referred to in section 47(12) of this Act.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This section shall apply to Scotland with the omission in subsection (1) thereof of the word “summarily”, with the substitution for subsection (2) thereof of the following subsection—
(2) Proceedings for the recovery of any such sum as aforesaid shall not be competent after the expiry of three years after the date when the sum became due.
and with the omission of subsection (3) thereof.