The Care Act states that a person meets the national eligibility criteria if:
- The person’s needs arise from or are related to a physical or mental impairment or illness;
- As a result of the person’s needs they are unable to achieve two or more of the outcomes specified below; and
- As a consequence there is, or is likely to be, a significant impact on the person’s well-being.
Outcomes defined by the Care Act are:
- Managing and maintaining nutrition;
- Maintaining personal hygiene;
- Managing toilet needs;
- Being appropriately clothed;
- Being able to make use of their home safely;
- Maintaining a habitable home environment;
- Developing and maintaining family or other personal relationships;
- Accessing and engaging in work, training, education or volunteering;
- Making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and
- Carrying out any caring responsibilities they have for a child.
‘Unable to Achieve’ is defined as:
- Is unable to achieve it without assistance;
- Is able to achieve it without assistance but doing so causes the person significant pain, distress or anxiety;
- Is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the adult, or of others; or
- Is able to achieve it without assistance but takes significantly longer than would normally be expected.
Where the level of a person’s needs fluctuates, in determining whether they meet the eligibility criteria, the local authority must take into account the person’s circumstances over such period as it considers necessary to establish accurately their level of need.
Where the level of a person’s needs fluctuates, in determining whether they meet the eligibility criteria, the local authority must take into account the person’s circumstances over such period as it considers necessary to establish accurately their level of need.