PART 1Care and support

Duties and powers to meet needs

18Duty to meet needs for care and support

(1)

A local authority, having made a determination under section 13(1), must meet the adult's needs for care and support which meet the eligibility criteria 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 adult's accrued costs do not exceed the cap on care costs, 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.

(2)

Condition 1 is met if the local authority is satisfied on the basis of the financial assessment it carried out that the adult's financial resources are at or below the financial limit.

(3)

Condition 2 is met if—

(a)

the local authority is satisfied on the basis of the financial assessment it carried out that the adult's financial resources are above the financial limit, but

(b)

the adult nonetheless asks the authority to meet the adult's needs.

(4)

Condition 3 is met if—

(a)

the adult lacks capacity to arrange for the provision of care and support, but

(b)

there is no person authorised to do so under the Mental Capacity Act 2005 or otherwise in a position to do so on the adult's behalf.

(5)

A local authority, having made a determination under section 13(1), must meet the adult's needs for care and support which meet the eligibility criteria if—

(a)

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

(b)

the adult's accrued costs exceed the cap on care costs.

(6)

The reference in subsection (1) to there being no charge under section 14 for meeting an adult's needs for care and support is a reference to there being no such charge because—

(a)

the authority is prohibited by regulations under section 14 from making such a charge, or

(b)

the authority is entitled to make such a charge but decides not to do so.

(7)

The duties under subsections (1) and (5) do not apply to such of the adult's needs as are being met by a carer.