Adult care eligibility - who can get care and support?

After the assessment, the local authority must determine whether you are eligible for care and support. The Care Act sets out the national minimum threshold for eligibility, which is the same across England.

Determining eligible needs is important to work out whether to the local authority must meet your needs for care and support. You will have eligible needs if they meet all of the following:

• You have care and support needs as a result of a physical or mental condition
• Because of those needs, you cannot achieve two or more of the outcomes specified
• As a result, there is a significant impact on your wellbeing

Outcomes for adults with care and support needs are as follows:

• Managing and maintaining nutrition
• Maintaining personal hygiene
• Managing toilet needs
• Being appropriately clothed
• Being able to make use of the adult’s 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
• Carrying out any caring responsibilities the adult has for a child.

Where you have eligible needs, and want the local authority’s help to meet them, then the authority will discuss your care and support plan with you. In all cases, the local authority must give people advice and information about what support is available in the community to help them.

A care assessment must be carried out by an appropriately trained assessor such as a social worker or an occupational therapist. They will consider a number of factors to determine whether or not you need care and support. These factors include your needs and how they impact your wellbeing for example if you need help getting dressed or getting to work and the outcomes that matter to you for example if you are a lonely and want to make new friends. You assessor will also consider any other circumstances such as whether you live alone or whether someone supports you.

There are instances where you may be struggling with your needs that don’t qualify for social care these include:

• Gardening
• DIY
• Installing electrical equipment

You are able to have a friend or family member with you at the assessment if you want to. The Care Act states that the council must arrange for you to have an independent advocate with you at the assessment if:

1. You don't have anyone else (like a friend or family member) to support you, and:
2. You have 'substantial' difficulty doing any of the following:

• Communicating what you want to say
• Understanding the information given to you, or remembering it
• Weighing up the information you are given in order to make decisions about your support

An independent advocate is a trained professional who can help you to get your voice heard at the assessment and make sure that the end result reflects your wishes and rights.