To be eligible for support services the person must be an adult with a medical condition which means that they are unable to achieve at least two of the outcomes set out in the national eligibility criteria.
Section 13 of the Care Act 2014 provides that where some of an adults needs for support services meet the eligibility criteria the local authority must consider what could be done to meet the needs.
The Act itself does not set out what the eligibility criteria are but refers at Section 13 (7) (a) to these being set out in regulations. The criteria are set out at Paragraph 2 of the The Care and Support (Eligibility Criteria) Regulations 2015 and are known as the National Eligibility Criteria
The effect of the Act and the Regulations is that adults will be eligible for support under the Care Act 2014 if they have needs which arise from or are related to a physical or mental impairment or illness as a result of which he or she is unable to achieve two or more of the outcomes listed below and as a consequence there is, or is likely to be, a significant impact on the adult’s well-being. The Act does not apply to children. Their rights are set out in the Children Act 1989.
Further details are set out in the the Care and Support Statutory Guidance which sets out Paragraph 6.123 the following:-
|Criteria||Examples of how to interpret the criteria|
|(i) carrying out any caring responsibilities the carer has for a child||Local authorities should consider any parenting or other caring responsibilities the carer has for a child in addition to their caring role for the adult. For example, the carer might be a grandparent with caring responsibilities for their grandchildren while the grandchildren’s parents are at work.|
|(ii) providing care to other persons for whom the carer provides care||Local authorities should consider any additional caring responsibilities the carer may have for other adults. For example, a carer may also have caring responsibilities for a parent in addition to caring for the adult with care and support needs.|
|(iii) maintaining a habitable home environment||Local authorities should consider whether the condition of the carer’s home is safe and an appropriate environment to live in and whether it presents a significant risk to the carer’s wellbeing. A habitable home should be safe and have essential amenities such as water, electricity and gas.|
|(iv) managing and maintaining nutrition||Local authorities should consider whether the carer has the time to do essential shopping and to prepare meals for themselves and their family.|
|(v) developing and maintaining family or other significant personal relationships||Local authorities should consider whether the carer is in a position where their caring role prevents them from maintaining key relationships with family and friends or from developing new relationships where the carer does not already have other personal relationships.|
|(vi) engaging in work, training, education or volunteering||Local authorities should consider whether the carer can continue in their job, and contribute to society, apply themselves in education, volunteer to support civil society or have the opportunity to get a job, if they are not in employment.|
|(vii) making use of necessary facilities or services in the local community||Local authorities should consider whether the carer has an opportunity to make use of the local community’s services and facilities and for example consider whether the carer has time to use recreational facilities such as gyms or swimming pools.|
|(viii) engaging in recreational activities||Local authorities should consider whether the carer has leisure time, which might for example be some free time to read or engage in a hobby.|
I have added this question because I had forgotten the answer myself when a client of mine who is staying in a refuge went to two different London Homeless Persons Units this week (ending 23 August 2019 ) to ask for assistance but was told that she was not homeless and needed a letter from the refuge requiring her to leave before she could be assisted by a council.
It has been established law since 2009 that women’s refuges are not to be treated as accommodation which is reasonable to continue to occupy and that women staying in such accommodation are entitled to be treated as homeless. This was decided by the Supreme Court in the case of Birmingham v Ali and Moran v Manchester  UKHL 36. Further the Code of Guidance states at paragraph 6.39 (b):-
“some types of accommodation, for example women’s refuges, direct access hostels and night shelters are intended to provide very short-term, temporary accommodation in a crisis and should not be regarded as being reasonable to continue to occupy in the medium and longer-term;”
This means that a woman is entitled to be treated as homeless if she is staying in a refuge and that the council staff should not have told my client that she could only be homeless when she was required to leave the refuge. They should also have processed the application and issued a Section 184 Notice rather than turning her away with only incorrect verbal advice.