PART 1Care and support

Assessing needs

13The eligibility criteria

1

Where a local authority is satisfied on the basis of a needs or carer's assessment that an adult has needs for care and support or that a carer has needs for support, it must determine whether any of the needs meet the eligibility criteria (see subsection (7)).

2

Having made a determination under subsection (1), the local authority must give the adult concerned a written record of the determination and the reasons for it.

3

Where at least some of an adult's needs for care and support meet the eligibility criteria, the local authority must—

a

consider what could be done to meet those needs that do,

b

ascertain whether the adult wants to have those needs met by the local authority in accordance with this Part, and

c

establish whether the adult is ordinarily resident in the local authority's area.

4

Where at least some of a carer's needs for support meet the eligibility criteria, the local authority must—

a

consider what could be done to meet those needs that do, and

b

establish whether the adult needing care is ordinarily resident in the local authority's area.

5

Where none of the needs of the adult concerned meet the eligibility criteria, the local authority must give him or her written advice and information about—

a

what can be done to meet or reduce the needs;

b

what can be done to prevent or delay the development of needs for care and support, or the development of needs for support, in the future.

6

Regulations may make provision about the making of the determination under subsection (1).

I17

Needs meet the eligibility criteria if—

a

they are of a description specified in regulations, or

b

they form part of a combination of needs of a description so specified.

I18

The regulations may, in particular, describe needs by reference to—

a

the effect that the needs have on the adult concerned;

b

the adult's circumstances.