Health and Social Services and Social Security Adjudications Act 1983



Health and Social Servicesand Social SecurityAdjudications Act 1983

1983 CHAPTER 41

An Act to amend the law relating to the financing of certain social services in England and Wales and Scotland and to children and young persons; to make fresh provision for the Central Council for Education and Training in Social Work and further provision for the remuneration and conditions of service of medical and dental practitioners in the National Health Service and health service officers; to amend the law relating to homes regulated by the Nursing Homes Act 1975, the Child Care Act 1980, the Residential Homes Act 1980 and the Children's Homes Act 1982; to repeal enactments about the designation of health authorities as teaching authorities and membership of authorities so designated; to make further provision for social security adjudication; to make further provision for fees for medical practitioners' certificates relating to notifiable diseases and food poisoning; to abolish certain advisory bodies; to make minor alterations in certain enactments relating to health; and for connected purposes.

[13th May 1983]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Community Care

Part I

Community Care

S-1 Joint financing of community services in England and Wales.

1 Joint financing of community services in England and Wales.

1. The following sections shall be substituted for section 28A of the National Health Service Act 1977

S-28A

28A ‘Power to make payments towards expenditure on community services.

(1) This section applies to the following authorities—

(a ) a District Health Authority; and

(b ) a special health authority established for a London Post-Graduate Teaching Hospital.

(2) An authority to whom this section applies may, if they think fit, make payments—

(a ) to a local social services authority towards expenditure incurred or to be incurred by them in connection with any function which, by virtue of section 2(1) or (2) of the Local Authority Social Services Act 1970 , is to be performed through their social services committee, other than functions under section 3 of the Disabled Persons (Employment) Act 1958 ;

(b ) to a district council, towards expenditure incurred or to be incurred by them in connection with their functions under section 8 of the Residential Homes Act 1980 or Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983 (meals and recreation for old people);

(c ) to an authority who are a local education authority for the purposes of the Education Acts 1944 to 1981, towards expenditure incurred or to be incurred by them in connection with their functions under those Acts, in so far as they perform those functions for the benefit of disabled persons;

(d ) to an authority who are a local authority for the purposes of the Housing Act 1957 , towards expenditure incurred or to be incurred by them in connection with their functions under Part V of that Act (provision of housing accommodation); and

(e ) to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation,—

(i)a housing association, as defined in section 189(1) of the Housing Act 1957, which is registered by the Housing Corporation under section 13 of the Housing Act 1974;

(ii) the Commission for the New Towns;

(iii) a new town development corporation;

(iv)an urban development corporation established under the Local Government, Planning and Land Act 1980;

(v) the Housing Corporation; and

(vi) the Development Board for Rural Wales.

(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(4) No payment shall be made under this section in respect of any expenditure unless the expenditure has been recommended for a payment under this section by a joint consultative committee on which the authority proposing to make the payment are represented.

(5) The Secretary of State may by directions prescribe conditions relating to payments under this section.

(6) The power to give such directions may be exercised so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(7) Without prejudice to the generality of subsection (5) above, the power may be exercised—

(a ) so as to make different provision for England and Wales and different provision for different districts in either; and

(b ) so as to require, in such circumstances as may be specified,—

(i) repayment of the whole or any part of a payment under this section;

(ii) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(8) No payment shall be made under this section in respect of any expenditure unless the conditions relating to it—

(a) accord with the advice given by the joint consultative committee in making the recommendation for a payment under this section in respect of the expenditure in question; and

(b ) conform with the conditions prescribed for payments of that description under subsection (5) above.

(9) Where expenditure which has been recommended by a joint consultative committee for a payment under this section is expenditure in connection with services to be provided by a voluntary organisation—

(a ) the authority who are to make the payment may make payments to the voluntary organisation towards the expenditure incurred or to be incurred by the organisation in coninstead of or in addition to making payments under subsection (2) above; and nection with the provision of those services,

(b ) an authority of one of the descriptions specified in paragraph (a ), (b ), (c ) or (d ) of subsection (2) above and who have received payments under that subsection may make out of the sums paid to them payments to the voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of those services,

but no payment shall be made under this subsection except subject to conditions—

(i) which conform with the conditions prescribed for payments of that description under subsection (5) above; and

(ii) which accord with the advice given by the joint consultative committee in recommending the expenditure for a payment under this section.

S-28B

28B Power of Secretary of State to make payments towards expenditure on community services in Wales.

(1) The Secretary of State may, if he thinks fit, make payments—

(a ) to authorities in Wales of any of the descriptions mentioned in paragraphs (a ), (b ), (c ) and (d ) of section 28A(2) above, for the purposes respectively mentioned in those paragraphs;

(b) to the following bodies, in respect of expenditure incurred or to be incurred by them in connection with the provision of housing accommodation in Wales,—

(i)a housing association, as defined in section 189(1) of the Housing Act 1957, which is registered by the Housing Corporation under section 13 of the Housing Act 1974;

(ii) the Commission for the New Towns;

(iii) a new town development corporation;

(iv)an urban development corporation established under the Local Government, Planning and Land Act 1980;

(v) the Housing Corporation; and

(vi) the Development Board for Rural Wales.

(2) The Secretary of State may, if he thinks fit, make payments to a voluntary organisation towards expenditure incurred or to be incurred by the organisation in connection with the provision of services for which he could make payments under subsection (1) above.

(3) A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure

(4) Conditions may be attached to a payment under this section.

(5) Without prejudice to the generality of subsection (4) above, the conditions that may be attached include conditions requiring, in such circumstances as may be specified,—

(a ) repayment of the whole or any part of a payment under this section;

(b ) payment, in respect of property acquired with money paid under this section, of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.’.

S-2 Support to financing of community services in Scotland.

2 Support to financing of community services in Scotland.

2. The following section shall be substituted for section 16A of the National Health Service (Scotland) Act 1978

S-16A

16A ‘Power to make payments towards expenditure on community services.

(1) A Health Board may, if they think fit, make payments in accordance with this section to any regional, islands or district council towards expenditure incurred or to be incurred by them in connection with the performance of the following functions—

(a ) any function relating to a matter which, by virtue of section 2(2) of the Social Work (Scotland) Act 1968 or any other enactment (other than section 3 of the Disabled Persons (Employment) Act 1958 ), stands referred to the social work committee of a regional or islands council;

(b ) any of a regional or islands council's functions under section 1 of the Education (Scotland) Act 1980 in making provision for—

(i) special educational needs;

(ii) further education,

within the meaning of those terms in that section;

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