Duties and Powers to meet Carer's Support Needs

1. The Duty to meet Needs

Meeting the carers needs through direct support to the carer

Following a carers assessment and determination of eligible need the Local Authority has a duty under Section 20 of the Care Act to meet the eligible needs of a carer when:

1. The person they are caring for is ordinarily resident in the Local Authority area; or
2. The person they are caring for is present in the Local Authority area and of no settled residence; and
3. The carer consents to the Local Authority meeting their needs.

In addition, where the service to be provided is chargeable and the Local Authority intends to charge:

1. The carer has been financially assessed as having financial resources under the upper financial limit (i.e. they are not self funding); or
2. The carer has been financially assessed as having financial resources above the upper financial limit and asks the Local Authority to arrange services to meet eligible needs.

Meeting the carers needs through support/services provided to the person they care for

Sometimes the best way to meet a carers eligible needs is to provide a service directly to the person they care for, for example through a respite service. When this happens the Local Authority must not charge the carer for the service provided to the person. Additionally the services can only be provided to the person if:

1. The person is ordinarily resident in the Local Authority area; or
2. The person is present in the Local Authority area and of no settled residence; and
3. The person consents to the Local Authority meeting their needs; or
4. Where the person lacks capacity a Best Interests decision is made that the Local Authority should meet the needs.

In addition, where the service to be provided is chargeable and the Local Authority intends to charge:

1. The person has been financially assessed as having financial resources under the upper financial limit (i.e. they are not self funding); or
2. The person has been financially assessed as having financial resources above the upper financial limit and asks the Local Authority to arrange the services; or
3. The person has been financially assessed as having financial resources above the upper limit, lacks capacity to arrange services and there is no other person authorised to do so on their behalf (e.g. a Deputy).

2. The Power to meet Needs

Under Section 20 (6) of the Care Act the Local Authority has the power to meet any ineligible needs the carer has. However, these needs may only be met by the provision of care to the person with Care and Support needs if that person agrees.

The Local Authority also has the power to meet a carers need for Support without having carried out an assessment, made a determination about eligible needs or assessed financial resources when the need for Support is urgent.