Section 8 Duty of relevant authority to take into account abilities of carer.F2I1C1C2
Northern Ireland
Where—
a disabled person is living at home and receiving a substantial amount of care on a regular basis from another person (who is not a person employed to provide such care by any body in the exercise of its functions under any enactment), and
it falls to a F1relevant authority to decide whether the disabled person’s needs call for the provision of any personal social services for him,
the relevant authority shall, in deciding that question, have regard to the ability of that other person to continue to provide such care on a regular basis.
Where that other person is unable to communicate, or (as the case may be) be communicated with, orally or in writing (or in each of those ways) by reason of any mental or physical incapacity, the relevant authority shall provide such services as, in its opinion, are necessary to ensure that any such incapacity does not prevent the relevant authority from being properly informed as to the ability of that person to continue to provide care as mentioned in subsection (1).
Section 3(8) shall apply for the purposes of subsection (2) above as it applies for the purposes of section 3(7), but as if any reference to the disabled person or his authorised representative were a reference to the person mentioned in subsection (2).
Annotations
Textual amendments
- F1
Words in s. 8 substituted (1.4.1994) by S.I. 1994/429 (N.I. 2), arts. 1(3), 7(1), Sch. 1
- F2
Words in s. 8 heading substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 130; S.R. 2022/102, art. 2(b)
Modifications
- C1
S. 8 excluded (31.3.2003) by Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6), ss. 1(6), 11; S.R. 2003/201, art. 2
- C2
S. 8 excluded by S.I. 1995/755 (N.I. 2), art. 18A(6) (as inserted (31.3.2003) by Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6), ss. 5, 11; S.R. 2003/201, art. 2)
Commencement
- I1
S. 8 partly in force; s. 8 not in force at Royal Assent see s. 12(2); s. 8(1) in force at 1.4.1991 by S.R. 1990/456, art. 2, Sch.