(1)If an individual aged 16 or over (“the carer”)—
(a)provides or intends to provide a substantial amount of care on a regular basis for another individual aged 18 or over (“the person cared for”); and
(b)asks a local authority to carry out an assessment of his ability to provide and to continue to provide care for the person cared for,
the local authority must carry out such an assessment if it is satisfied that the person cared for is someone for whom it may provide or arrange for the provision of community care services.
(2)For the purposes of such an assessment, the local authority may take into account, so far as it considers it to be material, an assessment under section 1(1) of the M1Carers (Recognition and Services) Act 1995.
(3)Subsection (1) does not apply if the individual provides or will provide the care in question—
(a)by virtue of a contract of employment or other contract with any person; or
(b)as a volunteer for a voluntary organisation.
[F1(3A)An assessment under subsection (1) must include consideration of whether the carer—
(a)works or wishes to work,
(b)is undertaking, or wishes to undertake, education, training or any leisure activity.]
(4)The Secretary of State (or, in relation to Wales, the National Assembly for Wales) may give directions as to the manner in which an assessment under subsection (1) is to be carried out or the form it is to take.
(5)Subject to any such directions, it is to be carried out in such manner, and is to take such form, as the local authority considers appropriate.
(6)In this section, “voluntary organisation” has the same meaning as in the M2National Assistance Act 1948.
Textual Amendments
F1S. 1(3A) inserted (1.4.2005 for E.) by Carers (Equal Opportunities) Act 2004 (c. 15), ss. 2(2), 6(2); S.I. 2005/876, art. 2
Commencement Information
I1S. 1 wholly in force at 1.7.2001; s. 1 not in force at Royal Assent see s. 12(2); s. 1 in force for E. at 1.4.2001 by S.I. 2001/510, art. 2, Sch.; s. 1 in force for W. at 1.7.2001 by S.I. 2001/2196, art. 2, Sch.
Marginal Citations
M211 & 12 Geo. 6 c. 29.