Draft national eligibility criteria for adult care and support
This document sets out the plan for a new national minimum threshold for eligibility criteria for adult care and support. The Department of Health is inviting discussion on the proposals as well as the draft regulations. An analysis of the implications of the draft regulations has also been included in the document.
The discussions on this will continue until the Care Bill completes its passage through Parliament. Following this, a formal consultation will be launched in 2014.
Regulations 2,3 and 4 of the draft The Care and Support (Eligibility Criteria) Regulations lay down needs which meet the eligibility criteria for adults who need care and support and carers.
Needs which meet the eligibility criteria: adults who need care and support
2. An adult’s needs meet the eligibility criteria if those needs are due to a physical or mental impairment or illness and the effect of such needs is that the adult—
(a) is unable to carry out one or more basic personal care activities and as a consequence there is a significant risk to any aspect of the adult’s well-being;
(b) is unable to carry out one or more basic household activities and as a consequence there is a significant risk to any aspect of the adult’s well-being;
(c) is unable to fully carry out any caring responsibilities the adult has for a child;
(d) needs support to maintain family or other personal relationships, and a failure to sustain such relationships has or is likely to have a significant impact on the adult’s well-being;
(e) is unable to access and engage in work, training, education or volunteering and as a consequence there is a significant risk to any aspect of the adult’s well-being; or
(f) is unable to access necessary facilities or services in the local community and as a consequence there is a significant risk to any aspect of the adult’s well-being.
(2) For the purposes of paragraph (1) an adult is to be regarded as being unable to carry out a task if the adult—
(a) is unable to complete the task without assistance;
(b) is able to complete the task without assistance but doing so causes the adult significant pain, distress or anxiety;
(c) is able to complete the task without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or
(d) is able to complete the task without assistance but takes significantly longer than would normally be expected.
(3) Where an adult’s needs fluctuate, in determining whether the adult’s needs meet the eligibility criteria, the local authority shall take into account the adult’s circumstances over such period as it considers necessary to establish an accurate indication of the adult’s ongoing level of need.
Needs which meet the eligibility criteria: carers
3. A carer’s needs meet the eligibility criteria if the effect of those needs is that any of circumstances specified in regulation 4 apply to the carer, or are expected to apply at an identifiable point in the future.
4.—(1) The circumstances referred to in regulation 3 are as follows:
(a) the carer is unable or unwilling to provide some of the necessary care to the adult needing care;
(b) as a consequence of providing care, the carer is unable to carry out some or all basic household activities in the carer’s home (whether or not this is also the home of the adult needing care);
(c) as a consequence of providing care, the carer’s physical or mental health is, or is at risk of, significantly deteriorating;
(d) as a consequence of providing care the carer is, or is likely to be—
(i) unable fully to care for any child for whom the carer is responsible,
(ii) unable fully to provide care to other persons for whom the carer provides care, or
(iii) unable fully to maintain other family or personal relationships;
(e) as a consequence of providing care, the carer is, or is likely to be, unable to obtain or remain in employment, education or training;
(f) as a consequence of providing care, the carer is unable to access necessary facilities or services in the local community; or
(g) as a consequence of providing care, the carer is unable to participate in recreational activities.
(2) For the purposes of paragraph (1) a carer is to be regarded as being unable to provide the necessary care if the carer—
(a) is unable to provide the care without assistance;
(b) is able to provide the care without assistance but doing so—
(i) causes or is likely to cause either the carer or the adult needing care significant pain, distress or anxiety; or
(ii) endangers or is likely to endanger the health or safety of the carer or the adult needing care.
You can view the document at www.gov.uk/government/publications/draft-national-eligibility-criteria-for-adult-care-and-support