Explains your rights to social care, and how this differs from healthcare. Includes information on eligibility, needs assessments, financial assessments, and how local authorities may meet your needs.
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The local authority will not meet every need for care and support that you have. Your needs will only be met if they satisfy the eligibility criteria.
When the local authority is considering whether you have eligible needs, it will look at:
The law on eligibility is slightly different depending on whether you're in England or Wales.
Firstly, you'll need to show that your needs for care and support arise from certain health problems. This includes:
You don't need to have a specific diagnosis to be eligible for social care and support.
Next, the local authority will assess whether you're unable to do certain things. These are:
In England, you need to show that you're unable to achieve two of these outcomes.
Cate has severe depression. She is physically able to wash and dress, but will go for long periods of time without washing or dressing unless reminded. She is unable to maintain her personal hygiene or be appropriately clothed. This makes it difficult for her to find work, and affects her social and economic wellbeing.
In England, Cate could have eligible needs for care and as she is unable to achieve two outcomes and this has a significant impact on her wellbeing.
Firstly, you'll need to show that your needs for care and support arise from certain health problems. This includes:
You don't need to have a specific diagnosis to be eligible for social care and support.
Next, the local authority will assess whether you're unable to do certain things. In Wales, you need to show that you're unable to achieve one of these outcomes. They are:
When the local authority is deciding whether you have eligible needs, they'll consider whether you have:
If you have the assistance or support of either of these, you will not be considered to have eligible needs.
The local authority will look at whether you're unlikely to achieve one or more of the personal outcomes identified in the needs assessment process without care and support or direct payments arranged and provided by the local authority.
Kanak has generalised anxiety disorder and agoraphobia. He's physically able to leave his flat, but becomes severely anxious, especially when he's in crowded areas. He can't shop for himself or go to his local sports and leisure centre. Living more independently is an outcome that he wishes to achieve. He doesn't have a carer who is willing to meet his needs.
In Wales, Kanak would be considered to have eligible needs, as he is unable to make use of facilities in the community and is unable achieve one outcome identified in his assessment without care and support.
Based on the assessment, the local authority will make a decision about what your needs are and whether they meet the eligibility criteria. It must give you a written record of this decision. If you have an advocate or someone authorised to act on your behalf, they should get a copy too.
If you are eligible for social care, then the local authority must help you plan your care and support.
If you're not eligible for social care, the local authority must give you:
If you disagree with the decision they've made, you can make a complaint about it. You may wish to challenge the decision in court. If you do this, you may want to take legal advice.
This information was published in February 2018. We will revise it in 2020.
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