The Care Act and eligibility

The Care Act (2014) gives clear information about local authorities’ duties to support adults with care and support needs and the people who care for them. It aims to put the person at the centre of their care and to improve people’s independence and wellbeing. The Care Act also sets out what type of support carers are entitled to.

According to the Care Act, anybody considered to be in need of care and support has the right to a needs assessment. This should focus on the person’s needs, the impact these needs have on the person’s wellbeing, and what the person wants to achieve.

The Care Act states that local authorities have a duty to make sure that the people living in their area have access to information and advice about their care and support options. People should also receive the support that they need to continue to live independently for as long as possible. The Care Act also discusses prevention as a means of supporting people in a variety of ways. Information must be available in formats that everyone can understand, regardless of their needs.

There are three things that a local authority must consider when determining the eligibility of adults with care and support needs under the Care Act:

if the adult has a physical or mental condition which means that they need care and support
if, due to their needs, the adult is not able to achieve at least two of the eligibility outcomes. This includes when the adult would not be able to achieve an outcome without assistance or without it causing them significant pain or distress or harm to themselves or others, or taking considerably longer than usual
if, as a result of not being able to achieve these outcomes, the adult’s wellbeing may be significantly affected

There are three things that the local authority must consider when determining eligibility of carers with support needs under the Care Act:

if the carer needs support due to the necessary care they provide for an adult with care and support needs (these needs themselves do not need to be ‘eligible’)
if the physical or mental health of the carer is at risk of worsening due to their caring responsibilities, or the carer is not able to achieve any of the eligibility outcomes for carers
if, as a result of not being able to achieve these outcomes, the carer’s wellbeing may be significantly affected

(1) An adult’s needs meet the eligibility criteria if—

(a) the adult’s needs arise from or are related to a physical or mental impairment or illness;

(b) as a result of the adult’s needs the adult is unable to achieve two or more of the outcomes specified in paragraph (2); and

(2) The specified outcomes are—

(a) managing and maintaining nutrition;

(b) maintaining personal hygiene;

(d) being appropriately clothed;

(e) being able to make use of the adult’s home safely;

(f) maintaining a habitable home environment;

(g) developing and maintaining family or other personal relationships;

(h) accessing and engaging in work, training, education or volunteering;

(i) making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and

(j) carrying out any caring responsibilities the adult has for a child.

(3) For the purposes of this regulation an adult is to be regarded as being unable to achieve an outcome if the adult—

(a) is unable to achieve it without assistance;

(b) is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety;

(c) is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or

(d) is able to achieve it without assistance but takes significantly longer than would normally be expected.

(4) Where the level of an adult’s needs fluctuates, in determining whether the adult’s needs meet the eligibility criteria, the local authority must take into account the adult’s circumstances over such period as it considers necessary to establish accurately the adult’s level of need.

For more information on the Care Act, see the Gov.uk factsheets.

For more information on eligibility criteria, see SCIE: Eligibility criteria under the Care Act 2014 or the legislation The Care and Support (Eligibility Criteria) Regulations 2014

Contents

The Care Act and eligibility

Click here to view an extract from the Care Act which sets out whether an adult is eligible