Not sure this is the right forum but it's as near as I could find.

So, we often hear the old gem about their being no statutory basis for welfare rights. However, my recall has always been that the National Assistance Act 1948 did contain a provision obliging local authorities to ensure that all with a disability or ill health who passed through their doors were entitled to have, effectively, a benefit check. It's this that, in part,leads LAs to conclude that social work staff need support with this function and create welfare rights services etc.

Can't for the life of me find it in NA 1948. Am I thinking of the wrong legislation or am I just stupid?

You are not required to answer the latter half of the above question!!!

Mike

Hi, I have a document which I found in our paper filing system, it was from quite a few years ago and refers to:

'The duty on a local authority to provide benefit advice lies within Social Services legislation and guidance:

The National Assistance Act 1948, s29 - ' the provision of welfare services to people who are elderly or disabled, including the giving of advice';

Chronically Sick and Disabled Persons Act 1970 s1 - 'the duty to provide advice to the elderly and disabled';

Children Act 1989, part111 s17-19 - the general duty to provide for children in need, including the giving of advice.'

Hope they are correct but never actually checked them out.

Thank you. I will check them out when I have a moment. I do know that the "welfare function" stuff did look a little vague. However, I'll check the rest also.

Am I right in thinking that the legislation referred to above does impose a legal obligation, but only upon Unitary and such like Authorities - and does not apply to Borough and district councils? ....well, that's always been my understanding.....

Following on from this, can anyone think of any recent Government initiatives/reforms that encourage local authorities to ensure benefit advice is provided even where not required by law? It seems there are a lot of targets, performance indicators, mapping exercises flying around on benefit take-up for the elderly, families etc and I'm trying to get an idea what these are based on (I'm doing a talk for student Social Workers next week).

Every Child Matters Agenda and Child Poverty Bill ring some bells and I guess the Fairer Charging rules place a stronger responsibility on authorities but if there is anything else I can flag up I would be interested to hear about it.

Thanks.