SCHEDULE 1Savings and transitional provision other than in relation to looked after and accommodated children
Transitional provision in respect of persons in receipt of services
2.
(1)
Notwithstanding the commencement of the provisions of the Act by article 2 of this Order, the Act does not apply in the case of a person to whom, or in relation to whom, immediately before the coming into force of the provisions of the Act—
(a)
support or services are being provided,
(b)
payments towards the cost of support or services are being made.
(2)
For the purposes of this paragraph, the provision of support or services includes the provision of assistance under section 17(6) of the Children Act 1989.
(3)
But the Act will apply in respect of that person’s case from the time the local authority has completed a review of that person’s case in accordance with sub-paragraph (3) or (4).
(4)
A local authority providing support or services or making payments to an adult to whom sub-paragraph (1) applies must complete a review of the adult’s case before 1 April 2017.
(5)
A local authority providing support or services or making payments to a child to whom sub-paragraph (1) applies must complete a review of the child’s case before 1 October 2016.
(6)
If a local authority fails to comply with sub-paragraph (3), the Act applies in that adult’s case with effect from 1 April 2017.
(7)
If a local authority fails to comply with sub-paragraph (4), the Act applies in that child’s case with effect from 1 October 2016.
(8)
In respect of a person to whom sub-paragraph (5) or (6) applies, the person is to be treated as—
(a)
having needs for care and support or support which meet the eligibility criteria under section 32(4) of the Act or which the local authority is otherwise under a duty to meet following a determination under section 32(1)(b);
(b)
being entitled to have those needs met under the Act; and
(c)
having complied with any requirements in or under the Act to enable the person to have those needs met,
until the local authority has completed a review in that person’s case.
(9)
A local authority has completed a review in a person’s case when—
(a)
they conclude that the person does not have needs for care and support or for support (as the case may be) in accordance with the Act;
(b)
having concluded that the person has such needs and that they are going to meet some or all of them, they begin to do so; or
(c)
having concluded that the person has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).