PART 4MEETING NEEDS
Meeting support needs of a carer
40Duty to meet support needs of an adult carer
1
A local authority must meet the needs for support of a carer who is an adult if it is satisfied that conditions 1, 2 and 3, and any conditions specified in regulations, are met.
2
Condition 1 is that the person cared for by the carer is—
a
an adult who is—
i
ordinarily resident in the local authority’s area, or
ii
of no settled residence and within the authority’s area, or
b
a disabled child who is within the authority’s area.
3
Condition 2 is that the carer’s needs meet the eligibility criteria.
4
Condition 3 is that—
a
in so far as meeting the carer’s needs involves the provision of support to the carer—
i
there is not a charge under section 59 for meeting those needs, or
ii
in so far as there is a charge, section 41(1) or (2) applies;
b
in so far as meeting the carer’s needs involves the provision of care and support to an adult cared for by the carer—
i
there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (9) applies, or
ii
in so far as there is a charge, section 41(3) or (4) applies;
c
in so far as meeting the carer’s needs involves the provision of care and support to a disabled child aged 16 or 17 who is cared for by the carer—
i
there is not a charge under section 59 for meeting those needs and section 41(7), (8) or (10) applies, or
ii
in so far as there is a charge, section 41(5) or (6) applies;
d
in so far as meeting the carer’s needs involves the provision of care and support to a disabled child aged under 16 who is cared for by the carer—
i
there is not a charge under section 59 for meeting those needs and section 41(12) or (13) applies, or
ii
in so far as there is a charge, section 41(5) or (6) applies.