Adult Social Care Glossary, v 0.6

(1) An adult's needs meet the eligibility criteria if--
(a) the adult's needs arise from or are related to a physical or mental impairment or illness;
(b) as a result of the adult's needs the adult is unable to achieve two or more of the outcomes specified in paragraph (2); and
(c) as a consequence there is, or is likely to be, a significant impact on the adult's well-being.

(2) The specified outcomes are--
(a) managing and maintaining nutrition;
(b) maintaining personal hygiene;
(c) managing toilet needs;
(d) being appropriately clothed;
(e) being able to make use of the adult's home safely;
(f) maintaining a habitable home environment;
(g) developing and maintaining family or other personal relationships;
(h) accessing and engaging in work, training, education or volunteering;
(i) making use of necessary facilities or services in the local community including public transport, and recreational facilities or services; and
(j) carrying out any caring responsibilities the adult has for a child.

(3) For the purposes of this regulation an adult is to be regarded as being unable to achieve an outcome if the adult--
(a) is unable to achieve it without assistance;
(b) is able to achieve it without assistance but doing so causes the adult significant pain, distress or anxiety;
(c) 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
(d) is able to achieve it without assistance but takes significantly longer than would normally be expected.

(1) A carer's needs meet the eligibility criteria if--
(a)the needs arise as a consequence of providing necessary care for an adult;
(b)the effect of the carer's needs is that any of the circumstances specified in paragraph (2) apply to the carer; and
(c)as a consequence of that fact there is, or is likely to be, a significant impact on the carer's well-being.

(2) The circumstances specified in this paragraph are as follows--
(a)the carer's physical or mental health is, or is at risk of, deteriorating;
(b)the carer is unable to achieve any of the following outcomes--
(i)carrying out any caring responsibilities the carer has for a child;
(ii)providing care to other persons for whom the carer provides care;
(iii)maintaining a habitable home environment in the carer's home (whether or not this is also the home of the adult needing care);
(iv)managing and maintaining nutrition;
(v)developing and maintaining family or other personal relationships; (vi)engaging in work, training, education or volunteering;
(vii)making use of necessary facilities or services in the local community, including recreational facilities or services; and (viii)engaging in recreational activities.

(3) For the purposes of paragraph (2) a carer is to be regarded as being unable to achieve an outcome if the carer--
(a)is unable to achieve it without assistance;
(b)is able to achieve it without assistance but doing so causes the carer significant pain, distress or anxiety; or
(c)is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the carer, or of others.
(4) Where the level of a carer's needs fluctuates, in determining whether the carer's needs meet the eligibility criteria, the local authority must take into account the carer's circumstances over such period as it considers necessary to establish accurately the carer's level of need.

During the assessment, local authorities must consider all of the adult’s care and support needs, regardless of any support being provided by a carer. Where the adult has a carer, information on the care that they are providing can be captured during assessment, but it must not influence the eligibility determination. After the eligibility determination has been reached, if the needs are eligible or the local authority otherwise intends to meet them, the care which a carer is providing can be taken into account during the care and support planning stage. The local authority is not required to meet any needs which are being met by a carer who is willing and able to do so, but it should record where that is the case. This ensures that the entirety of the adult’s needs are identified and the local authority can respond appropriately if the carer feels unable or unwilling to carry out some or all of the caring they were previously providing.

The needs you have for care and support that your council is required by law to meet. Under the Care Act 2014, councils no longer decide for themselves what type of needs they will meet, and now have to follow the new national minimum eligibility threshold. You are likely to have 'eligible needs' if you need a lot of help to do things like washing yourself, getting dressed, getting in and out of bed, and keeping your home safe.