Carers (Scotland) Act 2016

24 Duty to provide support

(1) This section applies where a carer has identified needs which cannot be met by services or assistance—

(a) provided to the cared-for person (other than care provided by virtue of section 25 in order to provide the carer with a break from caring), or

(b) provided generally to persons in the area of the responsible local authority or, where the carer does not reside in the area of that authority, in the area where the carer resides.

(2) The responsible local authority must determine whether any of those needs are eligible needs.

(3) A carer’s eligible needs are the carer’s identified needs which meet the local eligibility criteria.

(4) The responsible local authority—

(a) must provide support to the carer to meet the carer’s eligible needs, and

(b) may provide support to the carer to meet the carer’s other identified needs.

(5) Subsection (4)(a) applies—

(a) in the case of an adult carer, whether or not the carer’s eligible needs may also, following assessment under section 12A(1) of the 1968 Act, call for the provision of community care services to the carer under that section,

(b) in the case of a young carer, whether or not the carer’s eligible needs may also be met by the provision of services to the carer under section 22(1) of the 1995 Act.

(6) In this section the “responsible local authority”, in relation to a carer, means the local authority for the area in which the cared-for person resides.