The Care and Support (Continuity of Care) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations set out matters to which a local authority must have regard when carrying out its duty under section 38(1) of the Care Act 2014 (“the Act”). Sections 37 and 38 of the Act set out procedures to be followed when an individual who is receiving care and support from a local authority (“the first authority”) wishes to move to the area of another local authority (“the second authority”).

Under section 38(1) of the Act, where a person has moved into the second authority’s area but that authority has not yet carried out a full assessment of the person’s needs, the second authority must meet the person’s care and support needs from the date of the move; it must do this on the same basis as the first authority until it has carried out its own assessment. When carrying out this duty, the second authority must have regard to the matters set out in regulation 2 of these Regulations.

A separate impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment can be requested via [e-mail] or from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS and is available online at https://www.gov.uk/government/organisations/department-of-health.