The Care and Support (Eligibility) (Wales) Regulations 2015

Needs which meet the eligibility criteria – children with needs for care and support

4.—(1) The need of a child referred to in regulation 2(2) meets the eligibility criteria if—

(a) either—

(i) the need arises from the child’s physical or mental ill-health, age, disability, dependence on alcohol or drugs, or other similar circumstances; or

(ii) the need is one that if unmet is likely to have an adverse effect on the child’s development;

(b) the need relates to one or more of the following—

(i) ability to carry out self-care or domestic routines;

(ii) ability to communicate;

(iii) protection from abuse or neglect;

(iv) involvement in work, education, learning or in leisure activities;

(v) maintenance or development of family or other significant personal relationships;

(vi) development and maintenance of social relationships and involvement in the community; or

(vii) achieving developmental goals;

(c) the need is one that neither the child, the child’s parents nor other persons in a parental role are able to meet, either—

(i) alone or together,

(ii) with the care and support of others who are willing to provide that care and support, or

(iii) with the assistance of services in the community to which the child, the parents or other persons in a parental role have access; and

(d) the child is unlikely to achieve one or more of the child’s personal outcomes unless—

(i) the local authority provides or arranges care and support to meet the need; or

(ii) the local authority enables the need to be met by making direct payments.

(2) In this regulation—

(i) references to a child’s development include the physical, intellectual, emotional, social and behavioural development of that child;

(ii) “other persons in a parental role” (“personau eraill mewn rôl rhiant”) includes persons with parental responsibility(1) or relatives who play a role in looking after the child;

(iii) “relative” (“perthynas”) has the meaning given in section 197 of the Act.

(1)

“Parental responsibility” is defined in section 3 of the Children Act 1989 (c. 41).