Commentary on Sections

Section 45 – Power to meet support needs of a carer

170.Section 45 confers a power on local authorities to meet the support needs of a carer without necessarily having first completed a needs assessment or carrying out a financial assessment. This power is available, for example, where it is considered necessary to meet needs as a matter of urgency.

171.This power is also available in cases where an assessment has been carried out but the needs do not meet the eligibility criteria. In these circumstances, the local authority may nonetheless decide to meet the needs, even though they are not under a duty to do so.