Paragraph 1 Interpretation of Schedule 2

(1)

In this Schedule, “level 2 care” has the meaning given in regulation 34(5)(b).

(2)

For the purposes of this Schedule, a person has been assessed as needing level 2 care if they have been so assessed by—

(a)

a local authority in accordance with—

(i)

section 9 or 58 of the Care Act 2014^f1,

(ii)

section 36 of the Children and Families Act 2014^f2,

(iii)

section 19 or 21 of the Social Services and Well-being (Wales) Act 2014^f3, or

(iv)

section 12A of the Social Work (Scotland) Act 1968^f4,

(b)

a body which was subject to any duties—

(i)

which correspond to the duties contained in the enactments mentioned in paragraph (a)(i) to (iv), and

(ii)

which applied before the commencement of those enactments,

(c)

a Health and Social Care trust^f5 or any body which exercised corresponding functions to assess the health and social care needs of individuals in an area before the Health and Social Care trust for that area was established,

(d)

a health service or government department in a Crown Dependency which exercises, or exercised, functions to assess the health and social care needs of individuals, or

(e)

the IBCA or a person acting on its behalf for the purposes of this Schedule.

Annotations

Footnotes

f1: 2014 c. 23.
f2: 2014 c. 6.
f3: 2014 anaw 4.
f4: 1968 c. 49. Section 12A was inserted by section 55 of the National Health Service and Community Care Act 1990, and has been amended by section 2 of the Carers (Recognition and Services) Act 1995 (c. 12), sections 8 and 9 of the Community Care and Health (Scotland) Act 2002 (asp 5), S.S.I. 2015/157, and section 30 of the Carers (Scotland) Act 2016 (asp 9).
f5: The Health and Social Care trusts are the Belfast Health and Social Care Trust, the Northern Health and Social Care Trust, the South Eastern Health and Social Care Trust, the Southern Health and Social Care Trust and the Western Health and Social Care Trust. They were established by orders under Article 10 of S.I. 1991/194 (N.I. 1), which has been amended by paragraphs 1 and 13(7) of Schedule 6 to the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1) and paragraph 141 of Schedule 1 to the Health and Social Care Act (Northern Ireland) 2022 (c. 3).