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SCHEDULES

SCHEDULE 12Local authority care and support

PART 1Powers and duties of local authorities in England

Duties and powers to meet needs for care and support

4Section 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.