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Disabled persons - taking into account ability of carer Duty

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 local authority in Wales or Scotland to decide whether the disabled person's needs call for the provision by them of any services for him under any of the welfare enactments,

the local 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.
14 Jun 2016
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