The Care Act - Eligibility
The eligibility decision must be based on an assessment, the assessment must consider your needs over time.
(Relevant care act requirements 6.12, 6.117)
- If you do not have eligible needs you should still receive a full summary of your assessed needs, and a written explanation saying why the council is not meeting your needs. You should expect to be given information and advice, and possibly support focused on preventing an increase in needs. If you have a high level of needs you may be entitled to NHS support, the Local Authority must inform your local NHS.
(Relevant care act requirements: 6.6, 6.100, 6.80, 10.29)
- When deciding whether you are eligible the Local Authority will look at your strengths (things you can do) support available from family and local community as well as your needs (things you need help to do). If a carer is meeting your needs those needs are still eligible, but if the carer agrees to continue providing support the Local Authority does not have to meet them.
(Relevant care act requirements: 6.6, 6.10, 6.119)
- The impact of your needs on your wellbeing is centre to the process (wellbeing is defined by law). You should have a say how your needs effect your wellbeing.
(Relevant care act requirements: 6.10, 6.102, 6.111)
- There will be a financial assessment after the assessment of needs, this must not inform the eligibility decision.
(Relevant care act requirements: 6.12)
To be eligible you must pass three tests:
- Needs are a result of disability or illness
- Your needs mean that you are unable to achieve at least two 'outcomes' related to the daily life in areas below. These are set out in law but are not the only possible areas (not an exhaustive list).
- Not achieving these 'outcomes' has a significant impact on your wellbeing
(Being unable to achieve is very broad and can just mean you need reminding or it takes you a lot longer for you than is normal, or it is very painful or risky to do so).
- managing and maintaining nutrition
- maintaining personal hygiene
- managing toilet needs
- being appropriately clothed
- being able to make use of the home safely
- maintaining a habitable home environment
- developing and maintaining family or other personal relationships
- accessing and engaging work, training, education or volunteering
- making use of necessary facilities or services in the local community including public transport and recreational facilities or services
- carrying out any caring responsibilities the adult has for a child
(Relevant care act requirements: 6.105, 6.106, 6.107, 6.108, 6.109, 6.110, 6.111, 6.112)