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Care Act 2014

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This is the original version (as it was originally enacted).

13The eligibility criteria

This section has no associated Explanatory Notes

(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).

(7)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.

(8)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.

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