42Duty to meet support needs of a child carerE+W
(1)A local authority must meet the needs for support of a carer who is a child if it is satisfied that conditions 1, 2 and (where applicable) 3, and any conditions specified in regulations, are met.
(2)Condition 1 is that the person cared for by the carer is—
(a)an adult who is—
(i)ordinarily resident in the local authority's area, or
(ii)of no settled residence and within the authority's area, or
(b)a disabled child who is within the authority's area.
(3)Condition 2 is that the carer's needs meet the eligibility criteria.
(4)Condition 3 is that—
(a)in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer—
(i)there is not a charge under section 59 for meeting those needs and section [F143(5)], (6) or (7) applies, or
(ii)in so far as there is a charge, section [F243(1)] or (2) applies;
(b)in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—
(i)there is not a charge under section 59 for meeting those needs and section [F343(5)], (6) or (8) applies, or
(ii)in so far as there is a charge, section [F443(3)] or (4) applies;
(c)in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—
(i)there is not a charge under section 59 for meeting those needs and section [F543(10)] or (11) applies, or
(ii)in so far as there is a charge, section [F643(3)] or (4) applies.
Textual Amendments
F1Word in s. 42(4)(a)(i) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 62(a); S.I. 2016/467, art. 3
F2Word in s. 42(4)(a)(ii) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 62(b); S.I. 2016/467, art. 3
F3Word in s. 42(4)(b)(i) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 62(c); S.I. 2016/467, art. 3
F4Word in s. 42(4)(b)(ii) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 62(d); S.I. 2016/467, art. 3
F5Word in s. 42(4)(c)(i) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 62(e); S.I. 2016/467, art. 3
F6Word in s. 42(4)(c)(ii) substituted (6.4.2016) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 62(f); S.I. 2016/467, art. 3
Commencement Information
I1S. 42 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)