The relationship between social assistance and the law of maintenance in terms of Section 26 of the National Assistance Act 1956

Abstract

Maintenance is awarded by the civil courts to relieve want. National Assistance is also administered by state to relieve destitution. It is here intended therefore to see in general the relationship which exists between such laws of Assistance and in particular such relationship existing between such laws in terms of section 26 of National Asssistance Act 1956. The first chapter it is intended to review briefly the law of Maintenance under the civil code. The second chapter deals briefly with the scope of National Assistance and the Law of Maintenance is also discussed. The third chapter deals in teh first place with an analysis of section 26 of the National Assistance Act 1956 and in the second place it deals with the liability of the four persons mentioned in such section 26 namely the spouse, father, mother and chuldren to reimburse to the Director of Emigration, labour and social welfare the assistance administered by him to the relatives of such four persons. In the fourth chapter an attempt is mde to find the quantum of maintenance which the civil vcourt generally compels such spouse, father, mother and chuldren to pay their relatives who are in need in order to discover the relativity between the amount of Assistance and of Maintennance. The fifth chapter i.e. the conclusion deals with the actions competent to the Director of Emigration, Labour and Social Welfare in accordance with section 26 of the National Assistance Act 1956.