Needs which meet the eligibility criteria – adults with needs for care and support

3.  The need of an adult referred to in regulation 2(1) meets the eligibility criteria if—

(a)the need arises from the adult’s physical or mental ill-health, age, disability, dependence on alcohol or drugs, or other similar circumstances;

(b)the need relates to one or more of the following—

(i)ability to carry out self-care or domestic routines;

(ii)ability to communicate;

(iii)protection from abuse or neglect;

(iv)involvement in work, education, learning or in leisure activities;

(v)maintenance or development of family or other significant personal relationships;

(vi)development and maintenance of social relationships and involvement in the community; or

(vii)fulfilment of caring responsibilities for a child;

(c)the need is such that the adult is not able to meet that need, either—


(ii)with the care and support(1) of others who are willing to provide that care and support; or

(iii)with the assistance of services in the community to which the adult has access; and

(d)the adult is unlikely to achieve one or more of the adult’s personal outcomes unless—

(i)the local authority provides or arranges care and support to meet the need; or

(ii)the local authority enables the need to be met by making direct payments(2).


“Care and support” is partially defined in section 4 of the Act.


Regulations under sections 50 to 53 of the Act may require or allow a local authority to make payments to a person towards the cost of meeting their needs. Such payments are referred to in the Act as “direct payments”.