Search Legislation

Care Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 20

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Care Act 2014, Section 20. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

20Duty and power to meet a carer's needs for supportE+W

This section has no associated Explanatory Notes

(1)A local authority [F1, having made a determination under section 13(1),] must meet a carer's needs for support [F1which meet the eligibility criteria] if—

(a)the adult needing care is ordinarily resident in the local authority's area or is present in its area but of no settled residence,

[F2(aa)the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the carer's Convention rights,]

(b)in so far as meeting the carer's needs involves the provision of support to the carer, there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1 or 2 is met, and

(c)in so far as meeting the carer's needs involves the provision of care and support to the adult needing care—

(i)there is no charge under section 14 for meeting the needs and the adult needing care agrees to the needs being met in that way, or

(ii)in so far as there is such a charge, condition 3 or 4 is met.

[F3In this subsection “Convention rights” has the same meaning as in the Human Rights Act 1998.]

(2)Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out that the carer's financial resources are at or below the financial limit.

(3)Condition 2 is met if—

(a)the local authority is satisfied on the basis of the financial assessment it carried out that the carer's financial resources are above the financial limit, but

(b)the carer nonetheless asks the authority to meet the needs in question.

(4)Condition 3 is met if—

(a)the local authority is satisfied on the basis of the financial assessment it carried out that the financial resources of the adult needing care are at or below the financial limit, and

(b)the adult needing care agrees to the authority meeting the needs in question by providing care and support to him or her.

(5)Condition 4 is met if—

(a)the local authority is satisfied on the basis of the financial assessment it carried out that the financial resources of the adult needing care are above the financial limit, but

(b)the adult needing care nonetheless asks the authority to meet the needs in question by providing care and support to him or her.

(6)A local authority may meet a carer's needs for support if it is satisfied that it is not required to meet the carer's needs under this section; but, in so far as meeting the carer's needs involves the provision of care and support to the adult needing care, it may do so only if the adult needing care agrees to the needs being met in that way.

(7)A local authority may meet some or all of a carer's needs for support in a way which involves the provision of care and support to the adult needing care, even if the authority would not be required to meet the adult's needs for care and support under section 18.

(8)Where a local authority is required by this section to meet some or all of a carer's needs for support but it does not prove feasible for it to do so by providing care and support to the adult needing care, it must, so far as it is feasible to do so, identify some other way in which to do so.

(9)The reference in subsection (1)(b) to there being no charge under section 14 for meeting a carer's needs for support is a reference to there being no such charge because—

(a)the authority is prohibited by regulations under section 14 from making such a charge, or

(b)the authority is entitled to make such a charge but decides not to do so.

(10)The reference in subsection (1)(c) to there being no charge under section 14 for meeting an adult's needs for care and support is to be construed in accordance with section 18(6).

Textual Amendments

F1Words in s. 20(1) omitted (temp.) (31.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 6(a) (with ss. 88-90, Sch. 12 paras. 10, 16, 17); S.I. 2020/388, reg. 2

F2S. 20(1)(aa) inserted (temp.) (31.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 6(b) (with ss. 88-90, Sch. 12 paras. 10, 16, 17); S.I. 2020/388, reg. 2

F3Words in s. 20(1) inserted (temp.) (31.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 6(c) (with ss. 88-90, Sch. 12 paras. 10, 16, 17); S.I. 2020/388, reg. 2

Modifications etc. (not altering text)

C1Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a); SI 2015/993 art. 2(a)

C2Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a)(2), 4-12; S.I. 2015/993, art. 2(q)

Commencement Information

I1S. 20 in force at 1.4.2015 by S.I. 2015/993, art. 2(d) (with transitional provisions in S.I. 2015/995)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources