Chwilio Deddfwriaeth

Care Act 2014

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 10

 Help about opening options

Version Superseded: 17/07/2021

Alternative versions:

Status:

Point in time view as at 31/03/2020. This version of this provision has been superseded. Help about Status

Changes to legislation:

Care Act 2014, Section 10 is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

10Assessment of a carer's needs for supportE+W

This adran has no associated Nodiadau Esboniadol

(1)Where it appears to a local authority that a carer may have needs for support (whether currently or in the future), the authority must assess—

(a)whether the carer does have needs for support (or is likely to do so in the future), and

(b)if the carer does, what those needs are (or are likely to be in the future).

(2)An assessment under subsection (1) is referred to in this Part as a “carer's assessment”.

(3)Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”); but see subsections (9) and (10).

(4)The duty to carry out a carer's assessment applies regardless of the authority's view of—

(a)the level of the carer's needs for support, or

(b)the level of the carer's financial resources or of those of the adult needing care.

(5)A carer's assessment must include an assessment of—

(a)whether the carer is able, and is likely to continue to be able, to provide care for the adult needing care,

(b)whether the carer is willing, and is likely to continue to be willing, to do so,

(c)the impact of the carer's needs for support on the matters specified in section 1(2),

(d)the outcomes that the carer wishes to achieve in day-to-day life, and

(e)whether, and if so to what extent, the provision of support could contribute to the achievement of those outcomes.

(6)A local authority, in carrying out a carer's assessment, must have regard to—

(a)whether the carer works or wishes to do so, and

(b)whether the carer is participating in or wishes to participate in education, training or recreation.

(7)A local authority, in carrying out a carer's assessment, must involve—

(a)the carer, and

(b)any person whom the carer asks the authority to involve.

(8)When carrying out a carer's assessment, a local authority must also consider—

(a)whether, and if so to what extent, matters other than the provision of support could contribute to the achievement of the outcomes that the carer wishes to achieve in day-to-day life, and

(b)whether the carer would benefit from the provision of anything under section 2 or 4 or of anything which might be available in the community.

(9)An adult is not to be regarded as a carer if the adult provides or intends to provide care—

(a)under or by virtue of a contract, or

(b)as voluntary work.

(10)But in a case where the local authority considers that the relationship between the adult needing care and the adult providing or intending to provide care is such that it would be appropriate for the latter to be regarded as a carer, that adult is to be regarded as such (and subsection (9) is therefore to be ignored in that case).

(11)The references in this section to providing care include a reference to providing practical or emotional support.

(12)This section is subject to section 11(5) to (7) (refusal by carer of assessment).

Modifications etc. (not altering text)

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)

C3S. 10 restricted (temp.) (31.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 12 para. 2(1) (with ss. 88-90, Sch. 12 paras. 2(4), 16, 17); S.I. 2020/388, reg. 2 (which affecting provision expires (17.7.2021) by virtue of S.I. 2021/856, reg. 4(a))

Commencement Information

I1S. 10 in force at 1.4.2015 by S.I. 2015/993, art. 2(a) (with transitional provisions in S.I. 2015/995)

Yn ôl i’r brig

Options/Help

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 y Ddeddf Gyfan

Y Ddeddf Gyfan 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?