Care Bill (HL Bill 53)

(2) An assessment under subsection (1) is referred to in this Part as a “carer’s
assessment”.

(3) “Carer” means an adult who provides or intends to provide care for another
adult (an “adult needing care”); but see subsections (9) and (10).

(4) 5The duty to carry out a carer’s assessment applies regardless of the authority’s
view of—

(a) the level of the carer’s needs for support, or

(b) the level of the carer’s financial resources or of those of the adult
needing care.

(5) 10A carer’s assessment must include an assessment of—

(a) whether the carer is able, and is likely to continue to be able, to provide
care for the adult needing care,

(b) whether the carer is willing, and is likely to continue to be willing, to do
so,

(c) 15the impact of the carer’s needs for support on the matters specified in
section 1(2),

(d) the outcomes that the carer wishes to achieve in day-to-day life, and

(e) whether, and if so to what extent, the provision of support could
contribute to the achievement of those outcomes.

(6) 20A local authority, in carrying out a carer’s assessment, must have regard to—

(a) whether the carer works or wishes to do so, and

(b) whether the carer is participating in or wishes to participate in
education, training or recreation.

(7) A local authority, in carrying out a carer’s assessment, must involve—

(a) 25the carer, and

(b) any person whom the carer asks the authority to involve.

(8) When carrying out a carer’s assessment, a local authority must also consider—

(a) whether, and if so to what extent, matters other than the provision of
support could contribute to the achievement of the outcomes that the
30carer wishes to achieve in day-to-day life, and

(b) whether the carer would benefit from the provision of anything under
section 2 or 4 or of anything which might be available in the
community.

(9) An adult is not to be regarded as a carer if the adult provides or intends to
35provide care—

(a) under or by virtue of a contract, or

(b) as voluntary work.

(10) But in a case where the local authority considers that the relationship between
the adult needing care and the adult providing or intending to provide care is
40such that it would be appropriate for the latter to be regarded as a carer, that
adult is to be regarded as such (and subsection (9) is therefore to be ignored in
that case).

(11) The references in this section to providing care include a reference to providing
practical or emotional support.

(12) 45This section is subject to section 11(5) to (7) (refusal by carer of assessment).

11 Refusal of assessment

(1) Where an adult refuses a needs assessment, the local authority concerned is not
required to carry out the assessment (and section 9(1) does not apply in the
adult’s case).

(2) 5But the local authority may not rely on subsection (1) (and so must carry out a
needs assessment) if—

(a) the adult lacks capacity to refuse the assessment and the authority is
satisfied that carrying out the assessment would be in the adult’s best
interests, or

(b) 10the adult is experiencing, or is at risk of, abuse or neglect.

(3) Where, having refused a needs assessment, an adult requests the assessment,
section 9(1) applies in the adult’s case (and subsection (1) above does not).

(4) Where an adult has refused a needs assessment and the local authority
concerned thinks that the adult’s needs or circumstances have changed, section
159(1) applies in the adult’s case (but subject to further refusal as mentioned in
subsection (1) above).

(5) Where a carer refuses a carer’s assessment, the local authority concerned is not
required to carry out the assessment (and section 10(1) does not apply in the
carer’s case).

(6) 20Where, having refused a carer’s assessment, a carer requests the assessment,
section 10(1) applies in the carer’s case (and subsection (5) above does not).

(7) Where a carer has refused a carer’s assessment and the local authority
concerned thinks that the needs or circumstances of the carer or the adult
needing care have changed, section 10(1) applies in the carer’s case (but subject
25to further refusal as mentioned in subsection (5) above).

12 Assessments under sections 9 and 10: further provision

(1) Regulations must make further provision about carrying out a needs or carer’s
assessment; the regulations may, in particular—

(a) require the local authority, in carrying out the assessment, to have
30regard to the needs of the family of the adult to whom the assessment
relates;

(b) specify other matters to which the local authority must have regard in
carrying out the assessment (including, in particular, the matters to
which it must have regard in seeking to ensure that the assessment is
35carried out in an appropriate and proportionate manner);

(c) specify steps that the local authority must take for the purpose of
ensuring that the assessment is carried out in an appropriate and
proportionate manner;

(d) specify circumstances in which the assessment may or must be carried
40out by a person (whether or not an officer of the authority) who has
expertise in a specified matter or is of such other description as is
specified, jointly with or on behalf of the local authority;

(e) specify circumstances in which the adult to whom the assessment
relates may carry out the assessment jointly with the local authority;

(f) 45specify circumstances in which the local authority must, before
carrying out the assessment or when doing so, consult a person who

has expertise in a specified matter or is of such other description as is
specified;

(g) specify circumstances in which the local authority must refer the adult
concerned for an assessment of eligibility for NHS continuing
5healthcare.

(2) The regulations may include provision for facilitating the carrying out of a
needs or carer’s assessment in circumstances specified under subsection (1)(d)
or (e); they may, for example, give the local authority power to provide the
person carrying out the assessment—

(a) 10in the case of a needs assessment, with information about the adult to
whom the assessment relates;

(b) in the case of a carer’s assessment, with information about the carer to
whom the assessment relates and about the adult needing care;

(c) in either case, with whatever resources, or with access to whatever
15facilities, the authority thinks will be required to carry out the
assessment.

(3) The local authority must give a written record of a needs assessment to—

(a) the adult to whom the assessment relates,

(b) any carer that the adult has, if the adult asks the authority to do so, and

(c) 20any other person to whom the adult asks the authority to give a copy.

(4) The local authority must give a written record of a carer’s assessment to—

(a) the carer to whom the assessment relates,

(b) the adult needing care, if the carer asks the authority to do so, and

(c) any other person to whom the carer asks the authority to give a copy.

(5) 25A local authority may combine a needs or carer’s assessment with an
assessment it is carrying out (whether or not under this Part) in relation to
another person only if the adult to whom the needs or carer’s assessment
relates agrees and—

(a) where the combination would include an assessment relating to
30another adult, that other adult agrees;

(b) where the combination would include an assessment relating to a child
(including a young carer), the consent condition is met in relation to the
child.

(6) The consent condition is met in relation to a child if—

(a) 35the child has capacity or is competent to agree to the assessments being
combined and does so agree, or

(b) the child lacks capacity or is not competent so to agree but the local
authority is satisfied that combining the assessments would be in the
child’s best interests.

(7) 40Where a local authority is carrying out a needs or carer’s assessment, and there
is some other assessment being or about to be carried out in relation to the
adult to whom the assessment relates or in relation to a relevant person, the
local authority may carry out that other assessment—

(a) on behalf of or jointly with the body responsible for carrying it out, or

(b) 45if that body has arranged to carry out the other assessment jointly with
another person, jointly with that body and the other person.

(8) A reference to a needs or carer’s assessment includes a reference to a needs or
carer’s assessment (as the case may be) which forms part of a combined
assessment under subsection (5).

(9) A reference to an assessment includes a reference to part of an assessment.

(10) 5“NHS continuing health care” is to be construed in accordance with standing
rules under section 6E of the National Health Service Act 2006.

(11) A person is a “relevant person”, in relation to a needs or carer’s assessment, if
it would be reasonable to combine an assessment relating to that person with
the needs or carer’s assessment (as mentioned in subsection (5)).

13 10The eligibility criteria

(1) Where a local authority is satisfied on the basis of a needs or carer’s assessment
that an adult has needs for care and support or that a carer has needs for
support, it must determine whether any of the needs meet the eligibility
criteria (see subsection (7)).

(2) 15Having made a determination under subsection (1), the local authority must
give the adult concerned a written record of the determination and the reasons
for it.

(3) Where at least some of an adult’s needs for care and support meet the
eligibility criteria, the local authority must—

(a) 20consider what could be done to meet those needs that do,

(b) ascertain whether the adult wants to have those needs met by the local
authority in accordance with this Part, and

(c) establish whether the adult is ordinarily resident in the local authority’s
area.

(4) 25Where at least some of a carer’s needs for support meet the eligibility criteria,
the local authority must—

(a) consider what could be done to meet those needs that do, and

(b) establish whether the adult needing care is ordinarily resident in the
local authority’s area.

(5) 30Where none of the needs of the adult concerned meet the eligibility criteria, the
local authority must give him or her written advice and information about—

(a) what can be done to meet or reduce the needs;

(b) what can be done to prevent or delay the development of needs for care
and support, or the development of needs for support, in the future.

(6) 35Regulations may make provision about the making of the determination under
subsection (1).

(7) Needs meet the eligibility criteria if—

(a) they are of a description specified in regulations, or

(b) they form part of a combination of needs of a description so specified.

(8) 40The regulations may, in particular, describe needs by reference to—

(a) the effect that the needs have on the adult concerned;

(b) the adult’s circumstances.

Imposing charges and assessing financial resources

14 Power of local authority to charge

(1) A local authority—

(a) may make a charge for meeting needs under sections 18 to 20, and

(b) 5where it is meeting needs because Condition 2 in section 18 or
Condition 2 or 4 in section 20 is met, may make a charge (in addition to
the charge it makes under paragraph (a)) for putting in place the
arrangements for meeting those needs.

(2) The power to make a charge under subsection (1) for meeting needs under
10section 18 is subject to section 15.

(3) The power to make a charge under subsection (1) for meeting a carer’s needs
for support under section 20 by providing care and support to the adult
needing care may not be exercised so as to charge the carer.

(4) A charge under subsection (1)(a) may cover only the cost that the local
15authority incurs in meeting the needs to which the charge applies.

(5) Regulations may make provision about the exercise of the power to make a
charge under subsection (1).

(6) Regulations may prohibit a local authority from making a charge under
subsection (1); and the regulations may (in reliance on section 121(6)) prohibit
20a local authority from doing so where, for example, the care and support or the
support—

(a) is of a specified type;

(b) is provided in specified circumstances;

(c) is provided to an adult of a specified description;

(d) 25is provided for a specified period only.

(7) A local authority may not make a charge under subsection (1) if the income of
the adult concerned would, after deduction of the amount of the charge, fall
below such amount as is specified in regulations; and the regulations may in
particular (in reliance on section 121(6)) specify—

(a) 30different amounts for different descriptions of care and support;

(b) different amounts for different descriptions of support.

(8) Regulations under subsection (7) may make provision as to cases or
circumstances in which an adult is to be treated as having income that would,
or as having income that would not, fall below the amount specified in the
35regulations if a charge were to be made.

15 Cap on care costs

(1) A local authority may not make a charge under section 14 for meeting an
adult’s needs under section 18 if the total of the costs accrued in meeting the
adult’s eligible needs after the commencement of this section exceeds the cap
40on care costs.

(2) The reference to costs accrued in meeting eligible needs is a reference—

(a) in so far as the local authority met those needs, to the cost to the local
authority of having done so (as reckoned from the costs specified in the
personal budget for meeting those needs (see section 26));

(b) in so far as another local authority met the needs, to the cost to that
other local authority of having done so (as reckoned from the costs so
specified for meeting those needs);

(c) in so far as a person other than a local authority met the needs, to what
5the cost of doing so would have been to the local authority which
would otherwise have done so (as reckoned from the costs specified in
the independent personal budget for meeting those needs (see section
28).

(3) An adult’s needs are “eligible needs” if, at the time they were met—

(a) 10they met the eligibility criteria,

(b) they were not being met by a carer, and

(c) the adult was ordinarily resident or present in the area of a local
authority.

(4) The “cap on care costs” is the amount specified as such in regulations; and the
15regulations may in particular (in reliance on section 121(6))—

(a) specify different amounts for persons of different age groups;

(b) specify zero as the amount for persons of a specified description.

(5) The total of the costs accrued in meeting an adult’s eligible needs after the
commencement of this section (as referred to in subsection (1)) is referred to in
20this Part as the adult’s “accrued costs”.

(6) Where the costs accrued include daily living costs, the amount attributable to
the daily living costs is to be disregarded in working out for the purposes of
subsection (1) the total of the costs accrued in meeting an adult’s eligible needs
after the commencement of this section.

(7) 25Where the cost to a local authority of meeting an adult’s needs under section
18 includes daily living costs, and the accrued costs exceed the cap on care costs
(with the result that subsection (1) applies), the local authority may nonetheless
make a charge to cover the amount attributable to those daily living costs.

(8) For the purposes of this Part, the amount attributable to an adult’s daily living
30costs is the amount specified in, or determined in accordance with, regulations.

16 Cap on care costs: annual adjustment

(1) Where it appears to the Secretary of State that the level of average earnings in
England is different at the end of a review period from what it was at the
beginning of that period, the Secretary of State must make regulations under
35section 15(4) to vary the cap on care costs by the percentage increase or
decrease by which that level has changed.

(2) If a variation is made under subsection (1), each adult’s accrued costs are to be
varied by the same percentage with effect from when the variation itself takes
effect (and local authorities must accordingly ensure that care accounts and
40other records reflect the variation).

(3) The “level of average earnings in England” means the amount which
represents the average annual earnings in England estimated in such manner
as the Secretary of State thinks fit.

(4) “Review period” means—

(a) 45the period of 12 months beginning with the day on which section 15
comes into force, and

(b) each subsequent period of 12 months.

(5) The duty under subsection (1) does not restrict the exercise of the power to
make regulations under section 15(4).

17 Assessment of financial resources

(1) 5Where a local authority, having made a determination under section 13(1),
thinks that, if it were to meet an adult’s needs for care and support, it would
charge the adult under section 14(1) for meeting at least some of the needs, it
must assess—

(a) the level of the adult’s financial resources, and

(b) 10the amount (if any) which the adult would be likely to be able to pay
towards the cost of meeting the needs for care and support.

(2) Where a local authority thinks that, in meeting an adult’s needs for care and
support, it would make a charge under section 15(7), it must assess—

(a) the level of the adult’s financial resources, and

(b) 15the amount (if any) which the adult would be likely to be able to pay
towards the amount attributable to the adult’s daily living costs.

(3) Where a local authority, having made a determination under section 13(1),
thinks that, if it were to meet a carer’s needs for support, it would charge the
carer under section 14(1) for meeting at least some of the needs, it must
20assess—

(a) the level of the carer’s financial resources, and

(b) the amount (if any) which the carer would be likely to be able to pay
towards the cost of meeting the needs for support.

(4) Where a local authority, having made a determination under section 13(1),
25thinks that, if it were to meet a carer’s needs for support, it would charge the
adult needing care under section 14(1) for meeting at least some of the needs,
it must assess—

(a) the level of the financial resources of the adult needing care, and

(b) the amount (if any) which the adult needing care would be likely to be
30able to pay towards the cost of meeting the carer’s needs for support.

(5) An assessment under this section is referred to in this Part as a “financial
assessment”.

(6) A local authority, having carried out a financial assessment, must give a
written record of the assessment to the adult to whom it relates.

(7) 35Regulations must make provision about the carrying out of a financial
assessment.

(8) The regulations must make provision as to cases or circumstances in which, if
the financial resources of an adult who has needs for care and support
(whether in terms of income, capital or a combination of both) exceed a
40specified level, a local authority will not—

(a) in a case where the adult’s accrued costs do not exceed the cap on care
costs, pay towards the cost of the provision of care and support for the
adult;

(b) in a case where the adult’s accrued costs exceed the cap on care costs,
45pay towards the amount attributable to the adult’s daily living costs.

(9) The regulations must make provision as to cases or circumstances in which, if
the financial resources of a carer who has needs for support or of the adult
needing care (whether in terms of income, capital or a combination of both)
exceed a specified level, a local authority will not pay towards the cost of the
5provision of support for the carer.

(10) The level specified for the purposes of subsections (8) and (9) is referred to in
this Part as “the financial limit”; and the regulations may in particular (in
reliance on section 121(6)) specify—

(a) different levels for different descriptions of care and support;

(b) 10different levels for different levels of support.

(11) The regulations must make provision for—

(a) calculating income;

(b) calculating capital.

(12) The regulations may make provision—

(a) 15for treating, or not treating, amounts of a specified type as income or as
capital;

(b) as to cases or circumstances in which an adult is to be treated as having,
or as not having, financial resources above the financial limit.

(13) The regulations may make provision as to cases or circumstances in which a
20local authority is to be treated as—

(a) having carried out a financial assessment in an adult’s case, and

(b) being satisfied on that basis that the adult’s financial resources exceed,
or that they do not exceed, the financial limit.

Duties and powers to meet needs

18 25Duty 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) 30the 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
35financial 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) 40the 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) 5the 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
10such 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
15needs as are being met by a carer.

19 Power to meet needs for care and support

(1) A local authority, having carried out a needs assessment and (if required to do
so) a financial assessment, may 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
20area but of no settled residence, and

(b) the authority is satisfied that it is not required to meet the adult’s needs
under section 18.

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

(a) 25the adult is ordinarily resident in the area of another local authority,

(b) there is no charge under section 14 for meeting the needs or, in so far as
there is such a charge, condition 1, 2 or 3 in section 18 is met, and

(c) the authority has notified the other local authority of its intention to
meet the needs.

(3) 30A local authority may meet an adult’s needs for care and support which appear
to it to be urgent (regardless of whether the adult is ordinarily resident in its
area) without having yet—

(a) carried out a needs assessment or a financial assessment, or

(b) made a determination under section 13(1).

(4) 35A local authority may meet an adult’s needs under subsection (3) where, for
example, the adult is terminally ill (within the meaning given in section 82(4)
of the Welfare Reform Act 2012).

(5) The reference in subsection (2) to there being no charge under section 14 for
meeting an adult’s needs is to be construed in accordance with section 18(6).

20 40Duty and power to meet a carer’s needs for support

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

(a) the adult needing care is ordinarily resident in the local authority’s area
or is present in its area but of no settled residence,

(b) in so far as meeting the carer’s needs involves the provision of support
to the carer, there is no charge under section 14 for meeting the needs
or, in so far as there is, condition 1 or 2 is met, and

(c) in so far as meeting the carer’s needs involves the provision of care and
5support to the adult needing care—

(i) there is no charge under section 14 for meeting the needs and
the adult needing care agrees to the needs being met in that
way, or

(ii) in so far as there is such a charge, condition 3 or 4 is met.

(2) 10Condition 1 is met if the local authority is satisfied on the basis of the financial
assessment it carried out that the carer’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
15carried out that the carer’s financial resources are above the financial
limit, but

(b) the carer nonetheless asks the authority to meet the needs in question.

(4) Condition 3 is met if—

(a) the local authority is satisfied on the basis of the financial assessment it
20carried out that the financial resources of the adult needing care are at
or below the financial limit, and

(b) the adult needing care agrees to the authority meeting the needs in
question by providing care and support to him or her.

(5) Condition 4 is met if—

(a) 25the local authority is satisfied on the basis of the financial assessment it
carried out that the financial resources of the adult needing care are
above the financial limit, but

(b) the adult needing care nonetheless asks the authority to meet the needs
in question by providing care and support to him or her.

(6) 30A local authority may meet a carer’s needs for support if it is satisfied that it is
not required to meet the carer’s needs under this section; but, in so far as
meeting the carer’s needs involves the provision of care and support to the
adult needing care, it may do so only if the adult needing care agrees to the
needs being met in that way.

(7) 35A local authority may meet some or all of a carer’s needs for support in a way
which involves the provision of care and support to the adult needing care,
even if the authority would not be required to meet the adult’s needs for care
and support under section 18.

(8) Where a local authority is required by this section to meet some or all of a
40carer’s needs for support but it does not prove feasible for it to do so by
providing care and support to the adult needing care, it must, so far as it is
feasible to do so, identify some other way in which to do so.

(9) The reference in subsection (1)(b) to there being no charge under section 14 for
meeting a carer’s needs for support under section 14 is a reference to there
45being 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.