PART 4

MEETING NEEDS

Meeting care and support needs of adults

Duty to meet care and support needs of an adult
35
1
A local authority must meet an adult's needs for care and support if it is satisfied that conditions 1, 2 and 3 are met (but see subsection (6)).
2
Condition 1 is that the adult is—
a
ordinarily resident in the local authority's area, or
b
of no settled residence and within the authority's area.
3
Condition 2 is that—
a
the needs meet the eligibility criteria, or
b
the local authority considers it necessary to meet the needs in order to protect the adult from abuse or neglect or a risk of abuse or neglect.
4
Condition 3 is that—
a
there is no charge for the care and support needed to meet those needs, or
b
there is a charge for that care and support but—
i
the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are at or below the financial limit,
ii
the local authority is satisfied on the basis of a financial assessment that the adult's financial resources are above the financial limit but the adult nonetheless asks the authority to meet his or her needs, or
iii
the local authority is satisfied that the adult lacks capacity to arrange for the provision of care and support and there is no person authorised to make such arrangements under the Mental Capacity Act 2005 or otherwise in a position to do so on the adult's behalf.
5
For the meaning of “financial assessment” and “financial limit” see Part 5.
6
The duty under subsection (1) does not apply to an adult's needs to the extent that the local authority is satisfied that those needs are being met by a carer.
S. 35 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)