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(1)In section 1 of the M1Carers (Recognition and Services) Act 1995 (which provides for carers to be assessed as to their ability to care in connection with an assessment of the needs of the individual cared for), after subsection (2) insert—
“(2A)For the purposes of an assessment under subsection (1) or (2), the local authority may take into account, so far as it considers it to be material, an assessment under section 1 or 6 of the Carers and Disabled Children Act 2000.”
(2)Subsection (4) applies if the local authority—
(a)is either providing services under this Act to the carer, or is providing community care services to or in respect of the person cared for (but not both); and
(b)proposes to provide another service to (or in respect of) the one who is not receiving any such service,
and the new service, or any service already being provided, is one which could be provided either under this Act, or by way of community care services.
(3)Subsection (4) also applies if—
(a)the local authority is not providing services to the carer (under this Act) or to the person cared for (by way of community care services), but proposes to provide services to each of them following an assessment under section 1 and under section 47 of the M2National Health Service and Community Care Act 1990; or
(b)the local authority is providing services both to the carer (under this Act) and to the person cared for (by way of community care services), and proposes to provide to either of them a new service,
and (in a paragraph (a) case) any of the services, or (in a paragraph (b) case) the new service, is one which could be provided either under this Act, or by way of community care services.
(4)In the case of each such service, the local authority must decide whether the service is, or is in future, to be provided under this Act, or by way of community care services (and hence whether it is, or is in future, to be provided to the carer, or to the person cared for).
(5)The local authority’s decision under subsection (4) is to be made without regard to the means of the carer or of the person cared for.
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