Duties and powers to meet needs for care and support
7(1)For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of references to there being no charge for meeting needs), a local authority that decides not to carry out an assessment under section 17 of that Act as a result of paragraph 3(1) above is to be treated as having decided not to make a charge under section 14 of that Act (but see paragraph 10 below).
(2)But the duty under section 18 or 20(1) of CA 2014 does not apply to a local authority if—
(a)the authority notifies the relevant person that it may make a charge for meeting needs under that section, and
(b)the relevant person asks the authority not to meet those needs.
(3)In sub-paragraph (2) “the relevant person” means—
(a)the person who would be liable to pay any such charge, or
(b)in a case where—
(i)the authority would be meeting the needs of an adult under section 18 of CA 2014, and
(ii)the adult lacks capacity to arrange for the provision of care and support,
a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult’s behalf.