Coronavirus Act 2020

Duties and powers to meet needs for care and support E+W

4 E+W Section 18 of CA 2014 (duty to meet needs for care and support) has effect as if for subsection (1) there were substituted—

“(1) A local authority must meet an adult's needs for care and support if—

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

(b) the authority considers that it is necessary to meet those needs for the purpose of avoiding a breach of the adult's Convention rights, and

(c) there is no charge under section 14 for meeting the needs or, in so far as there is, condition 1, 2 or 3 is met.

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

Commencement Information

I1 Sch. 12 para. 4 in force at 31.3.2020 by S.I. 2020/388, reg. 2

5 E+W Section 19 of CA 2014 (power to meet needs for care and support) has effect as if there were omitted—

(a) the reference in subsection (1) to having carried out a needs assessment and a financial assessment;

(b) the reference in subsection (2) to having made a determination under section 13(1) of that Act, and the words “which meet the eligibility criteria”;

(c) the reference in subsection (3) to having not yet carried out a needs assessment or made a determination under section 13(1) of that Act.

Commencement Information

I2 Sch. 12 para. 5 in force at 31.3.2020 by S.I. 2020/388, reg. 2

6 E+W In section 20 of CA 2014 (duty and power to meet a carer's needs for support), subsection (1) has effect as if—

(a) the words “, having made a determination under section 13(1),” and “which meet the eligibility criteria” were omitted;

(b) after paragraph (a) there were inserted—

“(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,”;

(c) at the end there were inserted—

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

Commencement Information

I3 Sch. 12 para. 6 in force at 31.3.2020 by S.I. 2020/388, reg. 2

7 (1) For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of references to there being no charge for meeting needs), a local authority that decides not to carry out an assessment under section 17 of that Act as a result of paragraph 3(1) above is to be treated as having decided not to make a charge under section 14 of that Act (but see paragraph 10 below). E+W

(2) But the duty under section 18 or 20(1) of CA 2014 does not apply to a local authority if—

(a) the authority notifies the relevant person that it may make a charge for meeting needs under that section, and

(b) the relevant person asks the authority not to meet those needs.

(3) In sub-paragraph (2) “the relevant person” means—

(a) the person who would be liable to pay any such charge, or

(b) in a case where—

(i) the authority would be meeting the needs of an adult under section 18 of CA 2014, and

(ii) the adult lacks capacity to arrange for the provision of care and support,

a person who is authorised under the Mental Capacity Act 2005 to arrange for such provision or is otherwise in a position to do so on the adult's behalf.

Commencement Information

I4 Sch. 12 para. 7 in force at 31.3.2020 by S.I. 2020/388, reg. 2

8 E+W A local authority does not have to comply with any duties imposed by the following provisions—

(a) any regulations made under section 30 of CA 2014 (cases where adult expresses preference for particular accommodation);

(b) section 47(2) of that Act (duty to prevent or mitigate loss or damage to property of adults being cared for away from home).

Commencement Information

I5 Sch. 12 para. 8 in force at 31.3.2020 by S.I. 2020/388, reg. 2

9 E+W Section 62 of CA 2014 (power to meet child's carer's needs for support) has effect as if the reference in subsection (1) to having carried out a child's carer's assessment were omitted.

Commencement Information

I6 Sch. 12 para. 9 in force at 31.3.2020 by S.I. 2020/388, reg. 2