National Assistance (Determination of Need) Regulations, 1948
| Jurisdiction | UK Non-devolved |
1948 No. 1334
NATIONAL ASSISTANCE
3. Determination of Need
THE NATIONAL ASSISTANCE (DETERMINATION OF NEED) REGULATIONS, 1948.22ndJune 1948
5thJuly 1948
Whereas the provisions of subsections (1), (2) and (3) of section 6 of the National Assistance Act, 1948 (hereinafter referred to as "the Act") were duly complied with and the Minister of National Insurance (hereinafter referred to as "the Minister") made and laid before Parliament draft regulations:
And whereas each House of Parliament by Resolution duly approved the said draft regulations:
Now, therefore, the Minister in pursuance of the powers conferred on him by sections 5 and 6 of the Act hereby makes the following Regulations in the terms of the draft so approved as aforesaid:—
Citation, commencement and interpretation.
1.—(1) These Regulations may be cited as the National Assistance (Determination of Need) Regulations, 1948, and shall come into operation on the 5th July, 1948.
(2) In these Regulations, unless the context otherwise requires-
"the applicant" means a person who has made an application for assistance under the Act;
"net weekly earnings" means the net remuneration or profit, calculated on a weekly basis, derived by a person from any gainful occupation or occupations, and, in particular, in so far as the earnings consist of salary or wages, there shall be deducted—
(a) any sum the deduction of which from salary or wages is authorised by statute;
(b) the reasonable expenses, if any, incurred by the said person in connection with his employment;
and other expressions have the same meanings as in the Act.
(3) For the purposes of these regulations, a person shall be treated as a husband or a wife only when he or she is a member of the same household as his wife or her husband, and the expression "husband and wife" shall be construed accordingly.
(4) References in these regulations to any enactment shall include references to such enactment as amended by any subsequent enactment, order or regulations.
(5) The Interpretation Act, 1889, applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
Determination of need for assistance.
2. Subject to the provisions of these regulations, the need for assistance of an applicant shall be determined on a weekly basis at the amount calculated by deducting from his requirements, computed in accordance with the provisions of Part I of the Schedule to these regulations, his available resources, computed in accordance with the provisions of Part II of the said Schedule.
Adjustment in special circumstances.
3. Where there are special circumstances the amount calculated in accordance with the last foregoing regulation may be adjusted as may be appropriate to meet those circumstances.
Minor adjustments.
4. Notwithstanding anything contained in the two last foregoing regulations—
(a) where the amount calculated in accordance therewith is less than one shilling the applicant shall be deemed not to be in need of assistance; and subject thereto
(b) where such amount is not a multiple of sixpence it shall be treated as the amount nearest thereto which is a multiple of sixpence.
Adjustment in relation to normal wages.
5. The need for assistance of an applicant, being a person required under subsection (3) of section 8 of the Act to register for employment as a condition for the receipt of an assistance grant, shall not, unless there are special circumstances, be determined at an amount which, when taken together with his net weekly earnings from any regular part-time occupation, would exceed the amount of his net weekly earnings if he were employed full-time in his normal occupation.
Grants for exceptional need.
6. An assistance grant of such a sum as is reasonable having regard to all the circumstances of the case may be made, by way of a single payment, to meet an exceptional need for assistance of an applicant.
James Griffiths, Minister of National Insurance.
Dated this 22nd day of June, 1948.
SCHEDULE
PART I
Rules for the Computation of Requirements
Aggregation of requirements
1. The requirements of an applicant, subject to the provisions of paragraphs 5 and 6 of this Part of this Schedule, shall be...
To continue reading
Request your trial