The Care Act 2014 (Transitional Provision) Order 2015

Transitional provision in respect of persons in receipt of services

2.—(1) Except as provided by this Order, Part 1 of the Act does not apply in the case of a person to whom, or in relation to whom, immediately before this Order comes into force, support or services are being provided, or payments towards the cost of support or services are being made.

(2) A local authority providing such support or services or making such payments must, before 1st April 2016, complete a review of that person’s case and from the time the local authority has completed that review, Part 1 of the Act will apply in respect of that person’s case.

(3) If a local authority fails to comply with paragraph (2), Part 1 of the Act applies in that person’s case with effect from 1st April 2016.

(4) In respect of a person to whom paragraph (3) applies, that person is to be treated as—

(a) having needs for care and support or support which meet the eligibility criteria under section 13(7) of the Act (the eligibility criteria);

(b) being entitled to have those needs met under the Act; and

(c) having complied with any requirements in or under the Act to enable the person to have those needs met,

until the local authority has completed a review in that person’s case.

(5) A local authority has completed a review in a person’s case when—

(a) they conclude that the person does not have needs for care and support or for support (as the case may be) in accordance with the Act;

(b) having concluded that the person has such needs and that they are going to meet some or all of them, they begin to do so; or

(c) having concluded that the person has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).