HSSB Direct Services

Health and Social Service Boards, Councils, Education and Library Boards, and the Housing Executive are obliged to cooperate with each other to secure and advance the health and social welfare of the people of Northern Ireland.

The Department or a designated body, including a Board, Agency, a special Agency, or the HSS trust, may enter arrangements for the purchase, supply, and storage of equipment, goods, and materials for supply to persons providing general, medical, dental, ophthalmic, and pharmaceutical services.

Equipment, etc., may be purchased and supplied to any government departments and other public bodies involved in the administration of health services. Premises may be permitted to be occupied for the purpose of providing health and personal, social services.

The Department may make contributions to expenditure by the Housing Executive or Housing Association in respect of the maintenance and management of housing accommodation or special facilities for persons in need. Assistance may be on such terms and conditions, with the consent of the Department of Finance, and may be by way of grant or loan. They may be made to a voluntary organization providing services related to any health or personal social services.

The legislation provided for the transfer of properties held on certain trusts and subject to certain endowments to the Health and Social Services Board. Trusts under which hospital properties, etc., are held were authorized to apply the property, income, etc., toward hospital or other services administered by the Board.

The Boards were empowered to receive assets on trust relating to its functions, and any trust instruments, etc., were, in relation to previous or equivalent bodies, deemed to apply to the Boards.

There is provision for the transfer of voluntary or privately owned entities held on trust with the approval of the Attorney General to be transferred to Health and Social Services Boards. There were powers to vary the trust concerned.

Bodies were to keep the accounts of endowments or other property held on trust and to prepare statements of accounts for approval by the Department. More generally, the legislation provides for the regulation of financial arrangements with bodies and Boards, etc.

The services provided under the order and the primary care orders are provided free of charge generally except where provision is made expressly for the recovery of charges. Provisions applicable below apply to recovery of charges.

Charges may be made in respect of accommodation provided for general social welfare purposes. The rate of payment for accommodation is as determined by the Department and will generally represent the full cost of providing the accommodation other than the cost in respect of nursing care.

If the person is unable to pay for the accommodation, the Department shall assess their ability to pay and determine what lower rate they are liable to pay for the accommodation. The liability may be reduced by reason of work performed.

Proceedings may be taken to recover the cost of accommodation from persons liable to maintain the person to whom the accommodation is provided. Parents are liable to maintain their children and spouses are liable to maintain each other and their civil partners. Cost may be recoverable in accordance with summary jurisdiction.

Costs may be recovered where a person has knowingly transferred assets within a certain period prior to commencement and residing in the accommodation for the purpose of avoiding charges for accommodation. This applies to transfers at undervalue.

Where a person liable to maintain themselves or another causes #[11:19] in consequence the Department provides accommodation to that person, the person is guilty of an offense and may be subject on summary conviction to imprisonment up to six months or a fine not exceeding level 3 and/or.

The Health and Social Service Boards consist of a chairman, chief officer, and other officers appointed by the Head of the Department. There are provisions for the appointment and removal of officers.

Boards may act by committees and subcommittees. There are corporate governance requirements applicable to officers.

There is provision for the removal of persons in need of care and attention to suitable premises. Where an officer or social worker of the responsible authority has reason to believe it is in the interest of a person or for preventing injury to him or serious nuisance to others to remove him from the premises where he is residing, then having consulted with the medical practitioner providing primary medical services for him and the medical officer and other consultation, the officer may certify the same to the responsible authority. The authority, after serving notice on the nearest non-relative or such person for three days, may apply to a court of summary jurisdiction.

If the court is satisfied on oral evidence of the matters alleged, it may order the removal of a person to a suitable hospital or other place within a convenient distance and may order their detention and maintenance there.

An order may not authorize a person’s detention for a period not exceeding three months, which may be extended. The person concerned has a right to be heard and represent. Cost expenditure may be recovered from the person maintained or from any person who is liable to maintain him.