Social Services and Well-being (Wales) Act 2014

40 Duty to meet support needs of an adult carer E+W

(1) A local authority must meet the needs for support of a carer who is an adult if it is satisfied that conditions 1, 2 and 3, and any conditions specified in regulations, are met.

(2) Condition 1 is that the person cared for by the carer is—

(a) an adult who is—

(i) ordinarily resident in the local authority's area, or

(ii) of no settled residence and within the authority's area, or

(b) a disabled child who is within the authority's area.

[F1 (3) Condition 2 is that the carer's needs meet the eligibility criteria.]

[F1 (3) Condition 2 is that the local authority considers it necessary to meet the carer's needs in order to protect the carer from abuse or neglect or a risk of abuse or neglect.]

(4) Condition 3 is that—

(a) in so far as meeting the carer's needs involves the provision of support to the carer—

(i) there is not a charge under section 59 for meeting those needs, or

(ii) in so far as there is a charge, section 41(1) or (2) applies;

(b) in so far as meeting the carer's needs involves the provision of care and support to an adult cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (9) applies, or

(ii) in so far as there is a charge, section 41(3) or (4) applies;

(c) in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (10) applies, or

(ii) in so far as there is a charge, section 41(5) or (6) applies;

(d) in so far as meeting the carer's needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—

(i) there is not a charge under section 59 for meeting those needs and section 41(12) or (13) applies, or

(ii) in so far as there is a charge, section 41(5) or (6) applies.

Textual Amendments

F1 S. 40(3) substituted (temp.) (1.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 27(a) (with ss. 88-90, Sch. 12 paras. 30, 34); S.I. 2020/366, reg. 3 (which affecting provision is suspended (22.3.2021) by S.I. 2021/316, regs. 1(2), 2(a) and expires (1.8.2021) by virtue of The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 (S.I. 2021/850), regs. 1(2), 2(a))

Modifications etc. (not altering text)

C1 S. 40 restricted (temp.) (1.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 28 (with ss. 88-90, Sch. 12 paras. 30, 34); S.I. 2020/366, reg. 3 (which affecting provision is suspended (22.3.2021) by S.I. 2021/316, regs. 1(2), 2(a) and expires (1.8.2021) by virtue of The Coronavirus Act 2020 (Early Expiry: Local Authority Care and Support) (Wales) Regulations 2021 (S.I. 2021/850), regs. 1(2), 2(a))

Commencement Information

I1 S. 40 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)