What counts as “a physical or mental impairment or illness”?

Care Act eligibility regulation 2 requires that “the adult’s needs arise from or are related to a physical or mental impairment or illness”.

Generally speaking anyone with any difficulty which is related to the way their mind or body works could potentially have eligible needs under the Care Act. [A much greater limitation on those eligible is created by the consequential significant impact requirement]

Care Act guidance 6.105 states that “The authority should base their judgment on the assessment of the adult and a formal diagnosis of the condition should not be required.”. Nevertheless, the fundamental requirement that the needs must arise from or be related to a physical or mental impairment or illness means that it needs to be reasonable to believe that an individual does have a medical condition of some sort rather than their vulnerability arising from some other circumstance such as poverty or immigration status.

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