Part 1: Main Provisions Section 15 and Schedule 12: Local authority care and support
This section and Schedule replace various duties on Local Authorities in Part 1 of the Care Act 2014 or Parts 3 and 4 of the Social Services and Well-being (Wales) Act 2014 ("SSWWA") to assess needs for care and support, and to meet those needs, with a duty on Local Authorities to meet needs for care and support where for England, not to do so would be a breach of an individual’s human rights, and a power to meet needs in other cases. In Wales the test is aligned with the existing SSWWA provision where an adult or adult carer may be experiencing or at risk of abuse or neglect.
	Local Authorities will have no duty to carry out assessments under sections 9, 10, 37, 58, 60 or 63 of the Care Act 2014, (or sections 19, 24 and 56 of the SSWWA); to make determinations of eligible needs under section 13 of the Care Act 2014 (or section 32 of the SSWWA); or to carry out financial assessments under section 14 of the Care Act 2014 (or section 63 of the SSWWA). No charge can be made under section 14 of the Care Act or 53 of the SSWWA unless a financial assessment has been carried out.
	The duties on Local Authorities to meet eligible needs under sections 18, 19 and 20 of the Care Act 2014 (or sections 35 and 40 of the SSWWA) would be replaced by a duty to meet needs for care and support where failure to do so would breach an individual’s human rights and Local Authorities would have a power to meet other needs. They will still be expected to meet other needs if they are able to and to prioritise provision as necessary. In Wales the test is aligned with the existing SSWWA provision where an adult or adult carer may be experiencing or at risk of abuse or neglect.
	Guidance to support prioritisation by Local Authorities may be issued by the Department of Health and Social Care for England and the Welsh Government for Wales, and the Secretary of State for England and the Welsh Ministers for Wales have a power to direct Local Authorities to comply with that guidance.
	Local Authorities are permitted to provide urgent care to individuals without a full Care Act 2014 or SSWWA assessment, and without a financial assessment, and to prioritise the provision of care and support.
	The territorial extent of these provisions is England and Wales only. Part 1 of the Schedule applies to England, and Part 2 of the Schedule applies to Wales.