PUBLIC ASSISTANCE ACT, 1939

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE RELIEF OF THE POOR AND FOR THAT PURPOSE TO AMEND GENERALLY THE LAW RELATING THERETO. [8th August, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Public Assistance Act, 1939.

2 Commencement.

2.—This Act shall come into operation on such day as the Minister shall by order appoint for that purpose.

3 Definitions.

3.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “county scheme” means a scheme for the relief of the poor confirmed by the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), or prepared and confirmed under that Act;

the expression “county scheme authority” means an authority entrusted by virtue of a county scheme with the administration of the relief of the poor in a particular area;

the expression “joint district” has the same meaning as it has in the Local Government Act, 1927 (No. 3 of 1927);

the expression “medical assistance” means the provision of all or any of the following things, that is to say, medical, surgical, or dental treatment, medicines, and medical, surgical, or dental appliances;

the expression “general assistance” means the provision of the necessaries of life, other than medical assistance;

the expression “public assistance” and also the word “assistance” when used without qualification include both medical assistance and general assistance, and all cognate expressions and words shall be construed accordingly;

the expression “home assistance” means general assistance given otherwise than by admission to a district or other institution;

the word “acquire” when used in relation to land includes purchase in fee simple or for any less estate or interest and taking a lease of such land for any term;

the expression “the Dublin area” means the area consisting of the county of Dublin and the county borough of Dublin.

4 Repeals.

4.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed, to the extent specified in the third column of the said Schedule.

• (2) Without prejudice to the application of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), it is hereby declared that the repeal by virtue of this section of certain sections of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), shall not operate to cancel or otherwise affect the abolition of any board, committee, or other body which was, before the passing of this Act, abolished by or under any of the said sections.

PART II. Central and Local Administration.

5 Central authority.

5.—(1) The administration of public assistance in pursuance of the law (including this Act) for the time being in force in relation to such administration shall be subject to the general direction and control of the Minister.

• (2) Nothing in this Act nor in any order, regulation, or instrument made under or preserved by this Act shall be construed or operate to enable the Minister to direct the giving of public assistance to any individual person.

6 Administration of public assistance.

6.—(1) For the purposes of the administration of public assistance the State shall be divided into public assistance districts.

• (2) In every public assistance district, public assistance shall be administered by the public assistance authority specified in that behalf by this Act in respect of such district.

7 Public assistance districts.

7.—(1) In the Dublin area—

• (a) the area of the Dublin Union as constituted immediately before the commencement of this Act shall be a public assistance district to be styled and known as the Dublin Public Assistance District,

• (b) the area of the Rathdown Union as constituted immediately before the commencement of this Act shall be a public assistance district to be styled and known as the Rathdown Public Assistance District, and

• (c) the area of the Balrothery Union as constituted immediately before the commencement of this Act shall be a public assistance district to be styled and known as the Balrothery Public Assistance District.

• (2) Outside the Dublin area—

• (a) wherever, immediately before the commencement of this Act, a county borough and a joint district in a county adjoining such county borough are, for the purposes of the relief of the poor, administered as one area by one authority, the area consisting of such county borough and such joint district shall be a public assistance district,

• (b) every county borough to which paragraph (a) of this sub-section does not apply shall be a public assistance district, and

• (c) every joint district to which paragraph (a) of this sub-section does not apply shall be a public assistance district.

• (3) The Minister shall, by regulations made under this Act, prescribe the names by which the several public assistance districts under the immediately preceding sub-section of this section shall respectively be known, and every such public assistance district shall be styled and known by the name so prescribed in respect of it.

8 Public assistance authorities.

8.—(1) The public assistance authority for the Dublin Public Assistance District shall be the Dublin Board of Assistance.

• (2) The public assistance authority for the Rathdown Public Assistance District shall be the Rathdown Board of Assistance.

• (3) The public assistance authority for the Balrothery Public Assistance District shall be the Balrothery Board of Assistance.

• (4) The public assistance authority for a public assistance district consisting of a county borough shall be the corporation of such county borough.

• (5) The public assistance authority for a public assistance district consisting only of the whole of a joint district shall be the council of the county with which such joint district is coterminous or in which such joint district is situate.

• (6) The public assistance authority for a public assistance district which consists of a county borough and the whole of a joint district in a county adjoining such county borough shall be the board of public assistance established for such public assistance district in pursuance of the next following section of this Act.

9 Membership, proceedings, etc., of public assistance authorities, in Dublin area.

9.—(1) The following provisions shall apply and have effect in relation to every public assistance authority whose public assistance district is in the Dublin area, that is to say:—

• (a) notwithstanding anything contained in the Local Government (Dublin) (Amendment) Act, 1931 (No. 25 of 1931), such authority shall consist of such number of persons as the Minister shall from time to time appoint and, in the case of the Dublin Board of Assistance, such persons shall be elected by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin and the council of the county of Dublin in such proportions as the Minister shall similarly appoint and, in every other case, such persons shall be elected by the council of the said county;

• (b) those members (if any) of such authority who are elected by the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin shall be members of the City Council for Dublin;

• (c) those members of such authority who are elected by the council of the county of Dublin shall be members of such council;

• (d) the Rules set forth in the Second Schedule to this Act shall apply and have effect in relation to such authority but with the modification that, for the purposes of Rule 2 of the said Rules, those members of such authority who are to be elected by the council of the county of Dublin shall be elected in the same manner as if they were all additional members within the meaning of that Rule, and that the references in Rules 11 and 12 to the first meeting shall be construed as referring to the first meeting of such authority after the commencement of this Act;

• (e) subject and without prejudice to the Rules set forth in the Second Schedule to this Act as applied by the next preceding paragraph of this sub-section, the Minister may by order make regulations in relation to the conduct of the business and the order of proceedings at meetings of such authority, and every such regulation shall have effect according to the tenor thereof;

• (f) whenever any difficulty arises in regard to an election of members of such authority or the first meeting of such authority after an election (other than an election to fill a casual vacancy) of all or any of the members of such authority, or by reason of a defect in the constitution of such authority arising in consequence of an election of all or some of the members of such authority not being held or being defective or in consequence of any other matter or thing, the Minister may by order do any thing which appears to him to be necessary or proper to meet or remove such difficulty and in particular, may by such order, if he so thinks proper, provide for the holding of an election of all or some of the members of such authority or for the holding of a meeting of such authority.

• (2) So much of the Local Government (Dublin) (Amendment) Act, 1931 (No. 25 of 1931), as is inconsistent with the foregoing sub-section of this section and, in particular, so much of that Act as provides for co-opted members of the Dublin Board of Assistance shall cease to have effect.

10 Boards of public assistance.

10.—(1) In every public assistance district which consists of a county borough and a joint district in a county adjoining such county borough, a board of public assistance shall be established to be the public assistance authority for such public assistance district.

• (2) The following provisions shall apply and have effect in relation to every board of public assistance established in pursuance of this section, that is to say:—

• (a) the board shall be styled and known as “the Board of Public Assistance for” with the name of the public assistance district for which such board is the public assistance authority;

• (b) the board shall be a body corporate with perpetual succession and shall provide itself with and shall have a common seal;

• (c) the board shall consist of such number of persons as the Minister shall from time to time appoint and such persons shall be elected in such proportions as the Minister shall similarly appoint by the corporation of the county borough included in such public assistance district and by the council of the county in which the joint district included in such public assistance district is situate;

• (d) those members of the board who are elected by the corporation of a county borough shall be members of the city council for such county borough;

• (e) those members of the board who are elected by a council of a county shall be members of such council;

• (f) the Rules set forth in the Second Schedule to this Act shall apply and have effect in relation to the board;

• (g) subject and without prejudice to the Rules set forth in the Second Schedule to this Act, the Minister may by order make regulations in relation to the conduct of the business and the order of the proceedings at meetings of the board, and every such regulation shall have effect according to the tenor thereof;

• (h) whenever any difficulty arises in regard to an election of members of the board or the first meeting of the board after an election (other than an election to fill a casual vacancy) of all or any of the members of the board, or by reason of a defect in the constitution of the board arising in consequence of an election of all or some of the members of the board not being held or being defective or in consequence of any other matter or thing, the Minister may by order do any thing which appears to him to be necessary or proper to meet or remove such difficulty and in particular, may by such order, if he so thinks proper, provide for the holding of an election of all or some of the members of the board or for the holding of a meeting of the board.

11 Committees of public assistance authorities.

11.—(1) A public assistance authority may from time to time appoint such and so many committees as they think fit for purposes connected with the exercise or performance of any of their powers, duties, and functions under this Act which in the opinion of such authority would be better or more conveniently regulated or managed by or through a committee.

• (2) A committee appointed under this section may be either a general committee empowered to exercise or perform powers, duties, and functions in relation to the whole of the public assistance district of the public assistance authority by which it is appointed or a local committee empowered to exercise or perform powers, duties, and functions in relation to a limited portion only of such public assistance district.

• (3) Every committee appointed under this section shall consist of not less than three members and may be composed either wholly of members of the public assistance authority by which it is appointed or partly of such members and partly of other persons.

• (4) The acts of every committee appointed under this section shall be subject to confirmation by the public assistance authority by which it is appointed, save that such authority may with the sanction of the Minister empower any particular committee to do any act (including the institution of legal proceedings) within the authority conferred on the committee by such public assistance authority which such public assistance authority itself could lawfully do.

• (5) The quorum, procedure, and place of meeting of a committee appointed under this section, and the area (if any) within which such committee is to exercise its functions, shall be such as may be appointed by regulations to be made by the public assistance authority by which it is appointed.

12 Joint administration of public assistance districts.

12.—(1) Where it appears to the Minister, after consultation with the public assistance authorities of two or more public assistance districts, that the joint management and administration of such public assistance districts for all or for any particular purposes of or connected with the administration of public assistance would tend to reduce expense or would otherwise be of public or local advantage, the Minister may by order direct that the administration of public assistance in such public assistance districts shall, for the purposes specified in such order, be managed and conducted jointly by the respective public assistance authorities of such public assistance districts through and by a joint committee to be set up under and in accordance with such order.

• (2) Every order made by the Minister under the next preceding sub-section of this section shall—

• (a) provide for the setting up of a joint committee for the purposes of such order and the constitution, membership, procedure, finance, and officers of such committee, and

• (b) define the functions of such joint committee and, where appropriate, delimit the respective functions of such joint committee and of the public assistance authorities of the public assistance districts forming the functional area of such joint committee, and

• (c) make such provision as the Minister shall think proper for the allocation to such joint committee of appropriate portions of the assets and property of such public assistance authorities and for the defrayal by such public assistance authorities of the liabilities of such joint committee and generally for the adjustment between such public assistance authorities respectively and such joint committee of present and future property and liabilities, and

• (d) provide for the vesting of all property acquired by such joint committee in such public assistance authorities in such proportions and manner as the Minister shall think proper and shall specify in such order, and

• (e) generally make such provisions as shall appear to the Minister to be necessary or proper for securing the due execution by such joint committee of the purposes for which it is constituted.

• (3) When a joint committee is set up by an order made by the Minister under this section, the respective public assistance authorities of the several public assistance districts forming the functional area of such joint committee shall cease to exercise or perform such of their respective powers and duties as are included by such order in the functions of such joint committee and the said powers and duties shall be exercised and performed by such joint committee.

• (4) The Minister may at any time at his discretion revoke or amend any order previously made by him under this section and, in particular, may at any time by order dissolve a joint committee set up under this section and make all such provisions as appear to him to be necessary or proper for the restoration of the functions of such joint committee to the several public assistance authorities to which such functions originally belonged or for any other purpose consequential on the dissolution of such joint committee.

13 Abolition of county scheme authorities.

13.—(1) Every county scheme authority which is in existence immediately before the commencement of this Act and is not the corporation of a county borough shall, on such commencement, be dissolved and cease to exist.

• (2) On the dissolution under this section of a county scheme authority, the public assistance authority whose public assistance district is co-terminous with the functional area of such county scheme authority shall become and be the successor of such county scheme authority within the meaning and for the purposes of this Act.

14 Transfer of property, etc., from county scheme authorities to public assistance authorities.

14.—Wherever a county scheme authority is dissolved by this Act, the following provisions shall apply and have effect in relation to such county scheme authority and the public assistance authority which is the successor of such county scheme authority, that is to say:—

• (a) all property and assets (including choses-in-action) vested in or belonging to such county scheme authority immediately before the commencement of this Act shall, upon such commencement, become and be the property and assets of such public assistance authority by virtue of this section without any conveyance, assignment, or act other than transfer (where appropriate) in the books of a bank, company, or other body;

• (b) all debts and liabilities (present or future) incurred by such county scheme authority and owing immediately before the commencement of this Act (whether then presently due or to become due certainly or contingently in the future) shall upon such commencement become and be the debts and liabilities of such public assistance authority and shall be discharged in due course by such authority;

• (c) every bond, guarantee, or other security of a continuing character made or given by such county scheme authority to another person or by any person to such county scheme authority and in force immediately before the commencement of this Act, and every contract or agreement in writing made between such county scheme authority and another person not fully executed and completed before the commencement of this Act, shall continue in force after such commencement but shall be construed and have effect as if such public assistance authority were substituted therein for such county scheme authority, and such security, contract, or agreement shall be enforceable by or against such public assistance authority accordingly;

• (d) in every action, suit, prosecution, or other proceeding which is pending at the commencement of this Act and to which such county scheme authority is a party, such public assistance authority shall, on the commencement of this Act, become and be a party in the place of such county scheme authority and such proceeding shall be continued between such public assistance authority and the other parties thereto accordingly;

• (e) every person who immediately before the commencement of this Act is an officer or a servant of such county scheme authority shall upon such commencement become and be an officer or a servant (as the case may require) of such public assistance authority upon the same terms and conditions as those upon which he held office under or employment by such county scheme authority immediately before such commencement, and every such person shall, for the purposes of any enactment relating to superannuation or compensation for loss of office or employment which may be applicable to him in respect of his service under such public assistance authority, be entitled to reckon his period of service under such county scheme authority as service under such public assistance authority and to reckon his period of service under such county scheme authority and his period of service under such public assistance authority as one continuous period of service under such public assistance authority;

• (f) any moneys raised for the purposes of such county scheme authority before the commencement of this Act may be levied after such commencement as if this Act had not been passed and shall be paid to such public assistance authority for the purposes of their functions under this Act.

15 Secretary and treasurer of board of public assistance.

15.— (1) Every board of public assistance shall appoint an officer to be the secretary of such board.

• (2) Every board of public assistance shall appoint a bank or a banking company to be the treasurer of such board.

16 Secretary to public assistance authority in Dublin area.

16.—(1) Every public assistance authority whose public assistance district is in the Dublin area shall appoint an officer to be the secretary of such authority and a bank or banking company to be the treasurer of such authority.

• (2) Notwithstanding anything contained in the immediately preceding sub-section of this section, where, immediately before the commencement of this Act, a person is the clerk, either permanent or temporary, of a poor law union in the Dublin area, such person shall upon such commencement become and be the secretary, either permanent or temporary (as the case may be), of the public assistance authority for the public assistance district consisting of such poor law union.

17 Contracts of public assistance authorities.

17.—(1) The Minister may by order make regulations in relation to the entering into and making of contracts by public assistance authorities.

• (2) All contracts made by a public assistance authority shall be entered into and made in accordance with regulations made under this section and for the time being in force, and every contract entered into or made by a public assistance authority otherwise than in accordance with such regulations shall, if the Minister so directs, be wholly void, and, unless or until the Minister gives such direction, shall be voidable at the option of any party thereto.

• (3) Where a contract made or entered into by a public assistance authority is avoided under this section, whether by the Minister or a party thereto, all payments made by such authority or any officer thereof in purported pursuance of such contract after such contract has been so avoided shall, in the accounts of such authority or officer (as the case may be), be disallowed as being contrary to law.

• (4) Nothing in this section or any regulation made thereunder shall prejudice or affect the application of the Local Authorities (Combined Purchasing) Act, 1939 (No. 14 of 1939), to public assistance authorities or the operation of that Act in relation to such authorities.

PART III. Public Assistance.

18 Persons eligible for public assistance.

18.—(1) A poor person who is unable to provide by his own industry or other lawful means the necessaries of life (other than medical, surgical or dental treatment, medicines, and medical, surgical or dental appliances) for himself or any persons whom he is liable under this Act to maintain shall be eligible for general assistance.

• (2) A poor person who is unable to provide by his own industry or other lawful means the medical, surgical or dental treatment, or medicines, or medical, surgical or dental appliances necessary for himself or any persons whom he is liable under this Act to maintain shall be eligible for medical assistance.

• (3) References in this Act to persons who are eligible for public assistance shall be construed as including persons who are eligible for general assistance, persons who are eligible for medical assistance, and persons who are eligible for both general assistance and medical assistance.

19 Duty of public assistance authority to provide public assistance.

19.—Subject to the provisions of this Act, it shall be the duty of every public assistance authority to give, in accordance with this Act, to every person in their public assistance district who is eligible for public assistance such public assistance as shall appear to them to be necessary or proper in each particular case and to make, in accordance with this Act, due provision for that purpose.

20 Giving of public assistance.

20.—(1) The Minister may by order from time to time determine the persons who shall be authorised persons for the purposes of this section, and accordingly in this section the expression “authorised person” means a person who is, by virtue of an order made by the Minister under this sub-section, for the time being an authorised person for the purposes of this section.

• (2) It shall be lawful for an authorised person in any case in which it appears to him that the immediate giving of medical assistance or of general assistance to a person who is eligible for medical assistance or general assistance (as the case may be) is a matter of urgent necessity, to give such assistance to such person by an order of admission to a district institution and conveyance to such institution or by affording to such person immediate and temporary assistance in any other manner which may be appropriate to the circumstances of the case.

• (3) The Minister may by order make regulations governing the giving of assistance under this section and, in particular, regulating either generally or in respect of any particular class of person the nature of the assistance to be so given and prescribing the times and places at which and the conditions subject to which such assistance may be granted, and where any such regulations are for the time being in force, assistance given under this section shall be given in accordance with such regulations.

• (4) Save as is authorised by this section, it shall not be lawful for public assistance to be given to any person save on and in accordance with an order of the appropriate public assistance authority.

21 Contributions to certain societies.

21.—(1) A public assistance authority may, with the consent of the Minister, pay such annual contribution as they shall, with the said consent, think proper to the funds of any society for the prevention of cruelty to children.

• (2) Whenever a public assistance authority is satisfied that a society for relieving poor persons affords or proposes to afford relief to poor persons by providing food and lodging for such persons in premises under the control of such society in the functional area of such public assistance authority and that such society by so doing renders or will render useful aid in the administration of public assistance in such functional area, such public assistance authority may, with the consent of the Minister and subject to such limitations and conditions as he shall impose, give assistance to such society in any one or more of the following ways, that is to say:—

• (a) by contributing to the expenses incurred by such society in affording relief to poor persons in the manner aforesaid, or

• (b) by supplying to such society fuel, light, food, water, or other commodity for use by such society in so affording relief to poor persons, or

• (c) by permitting the use by such society, for the purpose of so affording relief to poor persons, of premises in the occupation of such public assistance authority and, where requisite, executing alterations and repairs to and supplying furniture and fittings for such premises in order to make them suitable for use for such purpose, or

• (d) by providing premises (with all requisite furniture and fittings) for use by such society for the purpose of so affording relief to poor persons.

22 Power to provide land for a public hospital.

22.—(1) Whenever a public assistance authority is satisfied that useful aid is being or will be rendered to the administration of public assistance in their public assistance district by the treatment given in a public hospital or infirmary in such district to persons eligible for medical assistance, such public assistance authority may, on the request of the governing body of such hospital or infirmary and with the consent of the Minister, provide for such hospital or infirmary any land which is shown by such governing body, to the satisfaction of the said public assistance authority, to be required for the efficient performance of the functions of such hospital or infirmary.

• (2) Where a public assistance authority determines to provide under this section any land for a public hospital or infirmary, such public assistance authority may acquire such land either by agreement with the consent of the Minister or compulsorily under this Act and (in either case) may convey such land to or for the benefit of such public hospital or infirmary.

• (3) Where a public assistance authority is requested by the governing body of a public hospital or infirmary to provide under this section any land for such hospital or infirmary, such public assistance authority shall, as a condition precedent to their so providing such land, require such governing body to undertake to defray the whole of the cost of so providing such land.

23 Payment of expenses of removal of persons eligible for general assistance.

23.—A public assistance authority may, on the application of a person eligible for general assistance, pay the reasonable expenses of the removal of such person (with or without his dependants) from the public assistance district of such authority to some other place if such authority is satisfied that the removal of such person from such district to the said other place is likely to enable such person to support himself and his dependants by his own industry or other lawful means and is generally for the benefit of such person and his dependants.

24 Burial of deceased persons.

24.—(1) A public assistance authority or, in case of urgency, an officer of a public assistance authority administering home assistance may provide for the burial of any of the following persons at any place within the public assistance district of such authority which appears to such authority or officer (as the case may be) to be proper, that is to say:—

• (a) a deceased person who died whilst in receipt of general assistance from such public assistance authority;

• (b) a deceased person who died within the public assistance district of such public assistance authority and whose relatives either are not known or are, owing to absence or poverty or for some other good and sufficient reason, unable to provide for his burial;

• (c) a deceased person who has been drowned and cast ashore within such public assistance district or who has otherwise perished and been found dead within the said district and (in either case) whose body has not been claimed for burial.

• (2) The public assistance authority of a public assistance district may, in any case in which they think proper, bring into and bury in such district the body of a person eligible for general assistance who has died outside such district.

• (3) Where a person eligible for general assistance dies while in receipt of public assistance from a public assistance authority in an institution outside the public assistance district of such public assistance authority, such authority may bury the body of such person in any burial ground at a convenient distance from such institution.

• (4) A public assistance authority may defray all expenses necessarily incurred in the burial under this section of a deceased person or in the bringing of the body of a deceased person into their public assistance district for burial.

• (5) Where a public assistance authority incurs under this section expenses in relation to the body of a deceased person, such public assistance authority may obtain repayment of such expenses from the property of such deceased person or from any person who was liable to maintain such person immediately before his death as if such expenses were the cost of public assistance given to such person before his death.

25 Work as a condition for receiving general assistance.

25.—(1) A public assistance authority may, as a condition of the granting of general assistance to a person, require such person, either before or after or during receipt of such general assistance, to perform such work as such authority shall consider suitable to the sex, age, strength, and capacity of such person and shall direct such person so to perform.

• (2) For the purpose of the provision of work under this section, a public assistance authority may do all or any of the following things, that is to say:—

• (a) subject to the consent of the Minister, acquire, and dispose of, any land;

• (b) subject to any regulations made by the Minister under this Act, purchase or hire, and dispose of, any plant, tools, equipment, or materials.

26 Determination of the cost of public assistance.

26.—(1) The Minister may by order make regulations prescribing the method of determining for the purpose of this Act the cost of public assistance and may by such regulations prescribe different such methods in respect of different kinds of public assistance.

• (2) References in this Act to the cost of public assistance or to the cost of any particular kind of public assistance shall be construed and have effect as references to the cost of such public assistance as determined in accordance with regulations made under this section.

27 Liability to maintain relations.

27.—(1) For the purposes of this Act and without prejudice to any obligations for the time being imposed by law otherwise than by or for the purposes of this Act the following provisions shall have effect, that is to say:—

• (a) every legitimate person shall be liable to maintain his or her father and mother;

• (b) every illegitimate person shall be liable to maintain his or her mother;

• (c) every man shall be liable to maintain such of his legitimate children as are for the time being under the age of sixteen years;

• (d) every woman shall be liable to maintain such of her children, whether legitimate or illegitimate as are for the time being under the age of sixteen years;

• (e) every married man shall be liable to maintain his wife and shall also be liable to maintain every child, whether legitimate or illegitimate, of his wife who was born before her marriage to him and is for the time being under the age of sixteen years;

• (f) every married woman shall be liable to maintain her husband.

• (2) Every reference in this Act to a person who is liable to maintain another person shall be construed as meaning a person who is by virtue of this section liable for the purposes of this Act to maintain such other person.

28 Liability to repay cost of public assistance.

28.—Where public assistance has been given by a public assistance authority (in this section referred to as the said authority) to any person (in this section referred to as the assisted person) the following provisions shall apply and have effect, that is to say:—

• (a) it shall be the duty of the assisted person or, on his default, whether complete or partial, of every person liable to maintain him, to repay to the said authority according to their respective abilities the cost of the public assistance so given to the assisted person;

• (b) where the whole or any portion of the public assistance so given has not been repaid to the said authority in pursuance of this section and the said authority is at any time of opinion that the assisted person is able to repay to the said authority the whole or portion of such public assistance so unrepaid, the said authority may apply to the District Court on notice to the assisted person for an order for such repayment as aforesaid by the assisted person;

• (c) where the whole or any portion of the public assistance so given has not been repaid to the said authority in pursuance of this section and the said authority is at any time of opinion that the assisted person is unable to repay to the said authority the public assistance so unrepaid and that some person who was, at the time when such public assistance was so given, liable to maintain the assisted person is able to repay to the said authority the whole or a portion of the public assistance so unrepaid, the said authority may apply to the District Court on notice to the said other person for an order for such repayment as aforesaid by the said other person;

• (d) where, on an application under this section to the District Court for the repayment of public assistance, the Court is satisfied that the person from whom repayment is sought is, at the time of the hearing of such application, able to repay the sum or a portion of the sum repayment of which is sought, the Court shall fix the sum to be repaid by such person and shall order the repayment thereof by such person to the said authority either in one sum or by such weekly or monthly instalments as the Court shall think proper;

• (e) an order by the District Court under this section for the repayment of a sum to the said authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable;

• (f) the said authority shall not recover by means of applications under this section to the District Court a greater amount than the cost of the public assistance so given or, where portion of such public assistance has been repaid in pursuance of this section without any such application, a greater amount than the difference between the amount so repaid and the said cost.

29 Liability to contribute to cost of general assistance.

29.—Where a public assistance authority (in this section referred to as the said authority) grants general assistance to any person (in this section referred to as the assisted person) the following provisions shall have effect, that is to say:—

• (a) every person (in this section referred to as the person liable) who is liable to maintain the assisted person shall be liable to contribute according to his ability to the general assistance so granted;

• (b) the said authority may apply to the District Court, on notice to the person liable, for an order for the contribution by that person to the general assistance so granted;

• (c) where, on an application to the District Court under this section, the Court is satisfied that the person liable is, at the time of the hearing of such application, able to contribute to the general assistance so given, the Court shall fix the amount of the contribution to be made by the person liable and shall order the payment of the amount so fixed to the said authority by the person liable either in one sum or by such weekly or monthly instalments as the Court shall think proper;

• (d) an order by the District Court under this section for the payment of a sum to the said authority shall be enforceable in the like manner and by the like means as an order by the District Court for the payment of a sum of money in a civil case is enforceable;

• (e) the said authority shall not recover by means of applications under this section to the District Court a greater amount than the cost of the general assistance so granted or, where a contribution has been made in pursuance of this section without any such application, a greater amount than the difference between such contribution and such cost.

30 Appropriation of property.

30.—(1) Where a person in receipt of public assistance in a district institution owns any money or security for money, the public assistance authority from whom such person receives such public assistance may—

• (a) if such person has such money in his physical possession, take and appropriate such money and thereout reimburse themselves the cost of the public assistance given by such authority to such person at any time before such taking, and return to such person the balance (if any) of such money, or

• (b) if such person has such security in his physical possession, take and realise such security or a sufficient portion thereof and out of the proceeds of such realisation reimburse themselves the cost of the public assistance given by such authority to such person at any time before such taking, and pay to such person the balance (if any) of such proceeds, or

• (c) in any case, by appropriate legal proceedings make such money or security available for the reimbursement of such authority in respect of the cost of the public assistance given by such authority to such person at any time before the institution of such proceedings and reimburse themselves in respect of such cost accordingly.

• (2) Where a person in receipt of public assistance dies and at his death owns any money or other property, the public assistance authority from whom such person received such public assistance may—

• (a) where the circumstances so permit, take and appropriate out of such money a sum sufficient to reimburse themselves in respect of the expenses (if any) incurred by such authority in or about the burial of such person and the cost of the public assistance given by such authority to such person at any time before his death, or.

• (b) where the circumstances so permit, take and realise such property or a sufficient portion thereof and out of the proceeds of such realisation reimburse themselves in respect of the said expenses (if any) of burial and the said cost of public assistance, or

• (c) in any case, by appropriate legal proceedings make such money and property available for the reimbursement of such authority in respect of the said expenses (if any) of burial and the said cost of public assistance and reimburse themselves in respect thereof accordingly.

• (3) In the foregoing sub-sections of this section, the word “money” includes money deposited in the Post Office Savings Bank or any other bank and the expression “security for money” includes a deposit book issued by the Post Office Savings Bank to a depositor and also includes a Savings Certificate, and the powers conferred by those sub-sections respectively on a public assistance authority shall include:—

• (a) in the case of money in the Post Office Savings Bank, power, on obtaining possession of the deposit book issued in respect thereof by that Bank, to withdraw such money or a sufficient portion thereof in accordance with regulations in that behalf made by the Minister for Finance, and

• (b) in the case of money in any other bank, power to apply to the District Court for and, if that Court so thinks proper, to obtain an order directing such bank to pay such money or a sufficient portion thereof to such public assistance authority, and

• (c) in the case of a Savings Certificate, power, on obtaining possession of such Certificate, to realise such Certificate in accordance with rules in that behalf made by the Minister for Finance.

31 Provision of district institutions.

31.—(1) Every public assistance authority shall provide and maintain within their district such and so many (if any) homes, hospitals, and other institutions (in this Act referred to as district institutions) and at such places as the Minister shall from time to time by order direct and shall not provide nor (save as is otherwise provided by this section) maintain any other home, hospital, or other institution.

• (2) Every public assistance authority shall, as and when the Minister by order so directs—

• (a) restore, alter, or enlarge in accordance with such order any district institution maintained by such authority,

• (b) provide in accordance with such order new, improved, or additional drainage, ventilation, water supply, lighting, heating, or any other service for any district institution so maintained,

• (c) provide and maintain in any district institution so maintained all such fixtures, fittings, furniture, surgical and medical appliances, and other conveniences as shall be directed by such order.

• (3) Unless and until the Minister otherwise orders, every home, hospital, or other institution which is, at the commencement of this Act, maintained by the authority charged with the administration of the relief of the poor in any area which is by virtue of this Act a public assistance district shall be deemed to have been provided under this section by the public assistance authority for such public assistance district and shall be a district institution within the meaning of this Act and shall be maintained by such public assistance authority accordingly.

• (4) A public assistance authority shall not erect or restore, enlarge, or otherwise alter any district institution except with the prior consent of the Minister and in accordance with the directions (if any) given by the Minister with his said consent.

• (5) Save as is required or authorised by this section, no public assistance authority shall provide or maintain any home, hospital, or other institution.

32 Discontinuance of a district institution.

32.—(1) The Minister, whenever he so thinks proper, after the holding of a public enquiry may by order direct any particular public assistance authority to discontinue, as from such date as is specified in that behalf in such order, a specified district institution for the time being maintained by that authority under this Act.

• (2) Whenever the Minister makes an order under the foregoing sub-section of this section, the following provisions shall have effect, that is to say:—

• (a) the Minister shall by such order make such (if any) provisions as appear to him to be necessary and proper in relation to matters incidental to or consequential on the discontinuance in pursuance of such order of the district institution to which such order relates;

• (b) the Minister, if he so thinks proper, may by such order or a subsequent order direct the public assistance authority to which such order under the said foregoing sub-section applies to provide and maintain a district institution in substitution for the district institution discontinued in pursuance of such order;

• (c) a direction given under the next preceding paragraph of this sub-section shall be deemed to be given under the next preceding section of this Act and that section shall apply accordingly;

• (d) the public assistance authority to which such order under the said foregoing sub-section relates shall comply in all respects with such order.

33 Persons admissible to district institutions.

33.—(1) Every district institution shall be available for the assistance of such class or classes of persons eligible for public assistance as the Minister shall from time to time by order direct and (except in cases of urgent necessity) for the assistance of no other persons.

• (2) Unless and until the Minister otherwise orders, the several classes of persons who are, immediately before the commencement of this Act, authorised by a county scheme to be assisted in a home, hospital, or other institution maintained under such county scheme shall be deemed to be classes of persons for whose assistance such institution is available by virtue of an order made by the Minister under this section.

34 Regulations in respect of district institutions.

34.—(1) The Minister may by order make regulations in respect of district institutions, either generally or in respect of one or more classes of district institutions or in respect of one or more particular district institutions, for the government, management, and administration of the district institutions to which the regulations relate and for the preservation of order in such district institutions and for the classification of the inmates thereof.

• (2) The Minister may by regulations made under this section provide for the keeping of the inmates of a district institution employed according to their capacity and ability.

• (3) Where an inmate of a district institution is required in pursuance of regulations made under this section to perform work, such inmate shall, if he does such work, be deemed, in relation to the doing thereof, to be for the purposes of the Workmen's Compensation Act, 1934 (No. 9 of 1934), a workman in the employment of the public assistance authority maintaining such district institution, but, save as aforesaid, neither such requisition nor the performance of such work by such inmate shall operate to create or imply the relation of master and servant or a contract of service between such authority and such inmate.

35 Assistance in institutions not maintained by a public assistance authority.

35.—Subject to the consent of the Minister, a public assistance authority may, if they so think proper, make provision for the assistance in a home, hospital, or other institution not provided or maintained by such authority of persons, or particular classes of persons, eligible for public assistance, and where a public assistance authority makes such provision, such authority may defray the expenses of the conveyance of the persons for whose assistance such provision is made to and from such institution and the expenses of their maintenance, treatment, instruction, or training therein.

36 Restriction on assistance of particular classes in institutions.

36.—Where a district institution provided by a public assistance authority is available for the assistance of a particular class of persons or provision has been made by a public assistance authority with the consent of the Minister for the assistance of a particular class of persons in a home, hospital or other institution not provided or maintained by such authority, the Minister may, by order, direct that such particular class of persons shall not be assisted by such public assistance authority in any institution except (as the case may be) such district institution or such home, hospital or other institution, and thereupon it shall not be lawful for such public assistance authority to assist (except in cases of urgent necessity) any person of such particular class in contravention of such order.

37 Admission to district institutions of persons not eligible for public assistance.

37.—(1) A public assistance authority may, if they so think proper, make regulations authorising the admission of persons not eligible for public assistance to any particular district institution maintained by such publie assistance authority and regulating the admission of such persons to such institution and the accommodation and treatment of such persons therein.

• (2) Regulations made by a public assistance authority under the foregoing sub-section of this section shall be submitted by such authority to the Minister for his approval and may be approved of by the Minister (if he thinks proper so to do) either with or without modification and shall come into operation if and when and as so approved of.

• (3) The Minister may at any time require a public assistance authority to make and submit regulations (including amending regulations) under the foregoing provisions of this section in respect of any particular district institution maintained by such authority, and, if such authority does not so make and submit such regulations within three months after being required by the Minister so to do or if such authority makes and submits in pursuance of such requisition regulations which the Minister refuses to approve of, the Minister, if he so thinks proper, may himself make the regulations mentioned in such requisition and may by such regulations appoint the day on which such regulations shall come into operation.

• (4) Regulations made under this section—

• (a) shall contain provisions requiring persons admitted under such regulations to the district institution to which such regulations relate to make payments to the public assistance authority maintaining such district institution for the accommodation and treatment received by them in such district institution, and regulating the amount of such payments, and

• (b) may contain provisions authorising persons so admitted to make payments to registered medical practitioners in the service of such public assistance authority in respect of treatment afforded to such persons in such district institution by such practitioners and controlling the amount of such payments, and

• (c) shall provide that no person shall be admitted to such district institution under such regulations unless there is available for him in such district institution at the time of his admission thereto accommodation not required for persons eligible for public assistance and admissible to such district institution.

• (5) No person who is not eligible for public assistance shall be admitted to or accommodated or treated in a district institution unless regulations made under this section are in operation in respect of such district institution, and no such person shall be admitted to or accommodated or treated in such district institution otherwise than in accordance with such regulations.

• (6) A registered medical practitioner in the service of a public assistance authority maintaining a district institution shall not demand or take from any person admitted to such district institution under regulations made under this section any payment in respect of treatment afforded by such practitioner to such person in such district institution unless the taking of such payment by such practitioner is expressly authorised by such regulations, and no such registered medical practitioner shall demand or take from any such person any such payment of an amount not so authorised.

• (7) All money payable by a person admitted to a district institution under regulations made under this section to the public assistance authority maintaining such district institution in respect of accommodation or treatment in such district institution shall be a simple contract debt due by such person to such public assistance authority and shall be recoverable by such authority accordingly.

38 Religious services and chaplains in district institutions.

38.—(1) The Minister shall by order make provision for the due performance of religious services in every district institution and for that purpose shall appoint in relation to every district institution fit persons to be chaplains to such district institution.

• (2) Every person appointed under this section to be a chaplain to a district institution shall hold office at the pleasure of the Minister and shall be paid by the public assistance authority by whom such district institution is maintained such remuneration as the Minister shall from time to time direct.

• (3) No inmate of a district institution shall be obliged to attend any religious service contrary to his religious principles.

39 Obligation to grant home assistance.

39.—(1) Every public assistance authority shall grant, in accordance with regulations made by the Minister under this Act, home assistance to every person in the public assistance district of such authority who is eligible for general assistance and is not granted assistance in an institution.

• (2) The Minister may by order make regulations governing the granting of home assistance and, in particular, regulating the nature of home assistance either generally or in respect of any particular class of person, and prescribing the times and places at which and the conditions subject to which home assistance may be granted.

40 Dispensary districts.

40.—(1) Every dispensary district existing in any public assistance district immediately before the commencement of this Act shall be a dispensary district for the purposes of medical assistance under this Act.

• (2) The Minister may, whenever he so thinks proper, by order vary in such way as he shall think proper the division of any public assistance district into dispensary districts and, in particular, may increase or reduce the number of dispensary districts in a public assistance district.

• (3) Whenever the Minister makes under this section an order varying the division of a public assistance district into dispensary districts, he may, by the same order, make provision for such (if any) transfer of officers as is in his opinion rendered necessary or expedient by such variation.

• (4) The Minister may by order make regulations for the government of dispensary districts and for the administration of medical assistance in such districts, and it shall be the duty of every public assistance authority to manage every dispensary district in their public assistance district and to administer medical assistance in every such dispensary district in accordance with such regulations.

41 Appointment of medical officers of dispensary districts.

41.—Every public assistance authority shall appoint, for the service of each dispensary district within their public assistance district, such number of medical and other officers as the Minister shall from time to time direct.

42 Provision of dispensaries, medicines, etc.

42.—(1) In this section the expression “separate dispensary” means a dispensary for the exclusive use of the medical officer or officers of one particular dispensary district.

• (2) Every public assistance authority shall provide and maintain dispensaries for the use of the medical officers of the several dispensary districts in their public assistance district.

• (3) The following provisions shall apply and have effect in relation to the provision and maintenance of dispensaries in pursuance of the next preceding sub-section of this section, that is to say:—

• (a) there shall be at least one dispensary in every dispensary district;

• (b) in addition to such one dispensary, there shall be in every dispensary district such and so many (if any) other dispensaries as the Minister shall direct;

• (c) at least one of the dispensaries in every dispensary district shall, unless the Minister otherwise directs, be a separate dispensary;

• (d) a public assistance authority shall not provide or maintain,without the consent of the Minister, any dispensary which is not a separate dispensary.

• (4) Every public assistance authority shall keep in proper condition and repair to the satisfaction of the Minister every dispensary maintained by them in pursuance of this section.

• (5) Every public assistance authority shall, in accordance with regulations made by the Minister under this section, provide and supply for the use of every dispensary maintained by them under this section all such furniture, fittings, medical and surgical appliances, medicines, and other requisites as shall, in the opinion of the Minister, be necessary or proper for the due working of such dispensary in accordance with this Act.

• (6) Where the medical officer of a dispensary district (in this sub-section referred to as the first-mentioned dispensary district) in a public assistance district is also the medical officer of an adjoining dispensary district (in this sub-section referred to as the adjoining dispensary district) which is situate in another public assistance district, the public assistance authority for such first-mentioned public assistance district (in this sub-section referred to as the contributing authority) may, with the consent of the Minister, perform the duties imposed on them by this section in respect of the first-mentioned dispensary district by agreeing with the public assistance authority for such other public assistance district (in this sub-section referred to as the providing authority)—

• (a) that one or more dispensaries provided and maintained for the adjoining dispensary district by the providing authority together with the furniture, fittings, medical and surgical appliances, medicines, and other requisites supplied by the providing authority to such dispensary or dispensaries shall be available and used for the first-mentioned dispensary district, and

• (b) that, as soon as may be after the end of every local financial year, the contributing authority shall pay to the providing authority such proportion of the expenses incurred in such year by the providing authority in the maintenance of such dispensary or dispensaries and the supply of requisites thereto as shall be agreed upon by the contributing authority and the providing authority or shall, in default of such agreement, be determined by the Minister.

43 Provision of residence for dispensary officer.

43.—(1) A public assistance authority may, with the approval of the Minister, and shall, if the Minister so directs, provide and maintain in any dispensary district in their public assistance district for the use while holding office of any medical officer of such dispensary district a residence which is, in the opinion of the Minister, sufficient.

• (2) A public assistance authority may, with the consent of the Minister, and shall, if the Minister so directs, provide and maintain, in connection with or as part of any dispensary maintained by them under this Act, a residence for the use while holding office of any midwife or other officer (not being a medical officer) of the dispensary district in which such dispensary is situate.

44 Vesting of parental authority in public assistance authorities.

44.—(1) This section applies to a legitimate child both of whose parents are dead or who is deserted by both of its parents or (where one of its parents is dead) by its surviving parent, and to an illegitimate child whose mother is dead or who is deserted by its mother.

• (2) Every public assistance authority shall have, in relation to every child to whom this section applies who has not attained the age of sixteen years and is maintained by such authority, all the rights and powers of the parents of such child.

• (3) In the case of a legitimate child who has been deserted by both its parents or its surviving parent, nothing in this section shall authorise a public assistance authority to detain such child if both or either of its parents claims the child for the purposes of maintaining it.

• (4) In the case of an illegitimate child who has been deserted by its mother, nothing in this section shall authorise a public assistance authority to detain such child if its mother claims it for the purpose of maintaining it.

45 Transfer of parental authority to public assistance authority.

45.—(1) Where a child is maintained by a public assistance authority and—

• (a) such authority is of opinion that a parent of such child is, by reason of mental deficiency or vicious habits or mode of life, unfit to have the control of such child, or

• (b) a parent of such child is, by reason of his serving a sentence of penal servitude or suffering detention under the Inebriates Act, 1898, unable to perform his parental duties, or

• (c) a parent of such child has been sentenced to imprisonment for an offence against such child or any other of his children, or

• (d) a parent of such child is permanently bedridden and is maintained under this Act by such authority in a district or other institution and consents to the resolution hereinafter mentioned,

such public assistance authority may resolve that all the rights and powers of such parent in respect of such child shall vest in such authority until such child attains the age of sixteen years.

• (2) Whenever a public assistance authority passes any such resolution as is mentioned in the next preceding sub-seetion of this section, all the rights and powers of the parent mentioned in such resolution of the child which is the subject of such resolution shall vest in such authority immediately upon the passing of such resolution and shall continue to be so vested until such resolution is rescinded or terminated under this section or such child attains the age of sixteen years, whichever first happens.

• (3) Whenever a public assistance authority has passed any such resolution as is mentioned in the first sub-section of this section, the following provisions shall have effect, that is to say:—

• (a) if such authority is of opinion that the rescinding of such resolution would be for the benefit of the child which is the subject of such resolution, such authority may rescind such resolution;

• (b) such authority may permit such child to be, either permanently or temporarily, under the control of a parent or other relative, a guardian, or a friend of such child or the control of a society or institution for the care of children;

• (c) if the District Court is satisfied, on the complaint of a parent or other relative or of a guardian of such child or of any other person who is liable under this Act to maintain such child, that no circumstances authorising the passing of such resolution existed when such resolution was passed or that it would be for the benefit of such child that such resolution should be terminated, the District Court may make an order terminating such resolution, and thereupon such authority shall cease to have under this section any rights or powers in respect of such child;

• (d) if the District Court is satisfied, on the complaint of a parent or other relative or a guardian of such child, that it should be under the control either permanently or temporarily, of such parent, relative, or guardian, the District Court may make an order accordingly and thereupon it shall be the duty of such authority to comply with such order.

46 Preservation of liability to contribute to maintenance.

46.—(1) The vesting of the rights and powers of the parents or a parent in respect of a child in a public assistance authority under or by virtue of this Act shall not relieve such parents or parent or any other person from any liability (whether imposed by this Act or otherwise by law) to defray all or any part of the maintenance of such child.

• (2) Where the rights and powers of the parents or a parent in respect of a child are vested by or under this Act in a public assistance authority, the making by such parents or parent or any other person of a payment towards the maintenance of such child shall not operate to deprive such authority of any of such rights or powers or prejudice or affect the rights and powers of such authority in respect of such child.

47 Certification of schools.

47.—(1) Upon the application in writing of the managers of any school, other than a national school or a reformatory school, the Minister—

• (a) may, if he so thinks fit, appoint a fit person to examine into the condition of such school and report to him thereon, and

• (b) may, if on the consideration of such report he so thinks proper, certify in writing that such school is fit for the reception of children sent to a certified school under this Act and also certify the total number of children or the total number of children of each sex for the reception of which such school is so fit.

• (2) Where the Minister has given a certificate under the next preceding sub-section of this section in respect of a school, the Minister, if at any time thereafter he is dissatisfied with the condition or management of such school, may by notice in writing given or sent to the managers of such school cancel such certificate as from a day specified in that behalf in such notice and not less than two months after such notice is given or sent to such managers.

• (3) The following provisions shall have effect in relation to every school in respect of which a certificate given by the Minister under this section is for the time being in force, that is to say:—

• (a) an inspector appointed by the Minister may at any time visit and inspect such, school and make such examination of the condition and management of such school and the state and treatment of the children therein as he shall consider requisite;

• (b) whenever an inspector visits and inspects such school under the next preceding paragraph of this sub-section, he shall report to the Minister the result of such visit and inspection and of any examination made by him in the course thereof;

• (c) any public assistance authority which has sent a child to such school may, at any time while such child is in such school, appoint a suitable person to visit such school, and such person may visit and inspect such school accordingly;

• (d) the managers of such school shall permit and give facilities for every such visitation, inspection, and examination as is authorised by any of the foregoing paragraphs of this sub-section.