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Duty to make provision

3.  In performing its duty under paragraph 6(1)(c) of Schedule 2 to the 1989 Act(1), a local authority must have regard to the needs of those carers—

(a)who would be unable to continue to provide care for the disabled child unless breaks from caring were given to them; and

(b)who would be able to provide care for the disabled child more effectively if breaks from caring were given to them to allow them to—

(i)undertake education, training or any regular leisure activity,

(ii)meet the needs of other children in the family more effectively, or

(iii)carry out day to day tasks which they must perform in order to run their household.

(1)

Paragraph 6(1)(c) (inserted by section 25 of the 2008 Act) requires local authorities to provide services designed to assist individuals who provide care for disabled children to continue to do so, or to do so more effectively, by giving them breaks from caring.