Eligibility criteria for adults with care and support needs under the Care Act 2014

When determining eligibility, local authorities must consider the following three conditions.

Condition 1

The adult’s needs for care and support arise from or are related to a physical or mental impairment or illness and are not caused by other circumstantial factors.

This includes if the adult has a condition as a result of physical, mental, sensory, learning or cognitive disabilities or illnesses, substance misuse or brain injury.

Condition 2

As a result of the adult’s needs, the adult is unable to achieve two or more of the outcomes specified in the regulations and outlined in the section ‘Eligibility outcomes for adults with care and support needs’.

Local authorities must also be aware that ‘being unable’ to achieve an outcome includes any circumstances where the adult is:

Local authorities must consider whether the adult is unable to achieve the whole range of outcomes contained in the criteria when making the eligibility determination.

There is no hierarchy to the eligibility outcomes – all are equally important.

Condition 3

As a consequence of being unable to achieve these outcomes, there is, or there is likely to be, a significant impact on the adult’s wellbeing, determining whether:

The term ‘significant’ must be understood to have its everyday meaning, as it is not defined by the Regulations, but see the section ‘What does significant impact mean?’ in this guide for further clarity.