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Care Act 2014

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This is the original version (as it was originally enacted).

19Power to meet needs for care and support

This section has no associated Explanatory Notes

(1)A local authority, having carried out a needs assessment and (if required to do so) a financial assessment, may meet an adult’s needs for care and support if—

(a)the adult is ordinarily resident in the authority’s area or is present in its area but of no settled residence, and

(b)the authority is satisfied that it is not required to meet the adult’s needs under section 18.

(2)A local authority, having made a determination under section 13(1), may meet an adult’s needs for care and support which meet the eligibility criteria if—

(a)the adult is ordinarily resident in the area of another local authority,

(b)there is no charge under section 14 for meeting the needs or, in so far as there is such a charge, condition 1, 2 or 3 in section 18 is met, and

(c)the authority has notified the other local authority of its intention to meet the needs.

(3)A local authority may meet an adult’s needs for care and support which appear to it to be urgent (regardless of whether the adult is ordinarily resident in its area) without having yet—

(a)carried out a needs assessment or a financial assessment, or

(b)made a determination under section 13(1).

(4)A local authority may meet an adult’s needs under subsection (3) where, for example, the adult is terminally ill (within the meaning given in section 82(4) of the Welfare Reform Act 2012).

(5)The reference in subsection (2) to there being no charge under section 14 for meeting an adult’s needs is to be construed in accordance with section 18(6).

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