S26 National Assistance Act 1948
In what amounted to a dispute about whether funds for supporting people in residential care would be provided centrally or locally, the court found that transfer arrangements made by a local authority with a voluntary organisation, whereby the voluntary organisation provided residential accommodation, fell outside the remit of s26 National Assistance Act 1948 unless the arrangements provided for the making of payments in respect of the accommodation by the local authority, at rates determined by or under the arrangements. Where the arrangements did not comply with s26 then the residents were entitled to the ‘higher rate’ of income support.
Regulation 21 of the >Income Support (General) Regulations 1987< was subsequently amended by SI 1996/2614 to annul the effect of this ruling.