Am I eligible for council care? The rules in plain words

In short: Every council in England uses the same 3-part test. You must be unable to do 2 or more everyday things, and this must have a big effect on your life. Carers have their own test.

A friendly drawing of a checklist with ticks.

In short

In England, every council uses the same national test to decide if your care needs are "eligible". The council must meet eligible needs.
The test has 3 parts. Your needs come from a health condition or disability. Because of them, you cannot do 2 or more everyday things on a list. And this has a big effect on your life.
"Cannot do" also counts if you can only do it with pain, distress, risk, or if it takes far too long. Carers have their own test too.

Urgent? If someone is in danger or very unwell, call 999. For urgent medical help, call NHS 111 or contact your GP. This page cannot give medical or personal advice.

After a care needs assessment, the council must decide if any of your needs meet the national rules. These are called the eligibility criteria. (Care Act 2014, section 13) This page explains that test in plain words, so you know what the council is looking for.

The rules are a minimum. Every council in England must use them. A council can also choose to help with needs that are not eligible. (Care and Support Statutory Guidance, 6.100)

The 3-part test for people who need care

You must meet all 3 parts. (Care and Support (Eligibility Criteria) Regulations 2015, regulation 2)

Your needs come from a condition. This means a physical or mental impairment or illness.
Because of this, you cannot achieve 2 or more "outcomes". These are everyday things, listed below.
As a result, there is, or is likely to be, a significant impact on your wellbeing.

Part 1: a condition, not a diagnosis

The council looks at whether your needs are caused by a physical, mental, sensory, learning or cognitive disability or illness. This includes substance misuse or brain injury. You should not need a formal diagnosis. The council should judge from the assessment. (Statutory Guidance, 6.104)

Part 2: the 10 everyday outcomes

These are the outcomes in the law, with what the council should think about for each one. (Regulation 2; examples from Statutory Guidance, 6.106)

Eating and drinking well. Can you get food and drink, make it, and eat and drink it?
Keeping clean. Can you wash yourself and wash your clothes?
Using the toilet. Can you get to a toilet, use it, and manage your toilet needs?
Being dressed right. Can you dress yourself, and dress for the weather?
Using your home safely. Can you move around safely? This includes steps, the kitchen, the bathroom, and getting into your home.
Keeping your home fit to live in. Is it clean and safe enough? Can you keep the water, electricity and gas going?
Family and friends. Are you lonely or cut off because of your needs?
Work, training, learning or volunteering. Can you take part, if you want to? This includes getting there.
Getting out and about. Can you safely use local places like shops, buses, and leisure places? The council should also think about getting to health appointments.
Caring for a child. Can you look after a child you are responsible for? For example, a step-parent caring for a partner's children.

What "cannot achieve" really means

This is the part many people miss. You count as unable to do something if any of these is true (regulation 2(3), with examples from Statutory Guidance, 6.105):

You need help to do it. This includes needing someone to prompt or remind you. For example, someone may be able to wash, but needs reminding to.
You can do it, but it causes significant pain, distress or anxiety. For example, a person with bad arthritis makes a meal, but is then in too much pain to eat it.
You can do it, but it puts you or others at risk. This includes a risk to a child in the home.
You can do it, but it takes much longer than normal. For example, dressing takes so long it leaves you exhausted and unable to do other things.

Part 3: a significant impact on your wellbeing

"Significant" has its everyday meaning. The council asks if your needs have an important effect on your daily life, your independence and your wellbeing. (Statutory Guidance, 6.109) It should look at the combined effect of everything you cannot do, not each thing on its own. (6.108)

Wellbeing is a wide idea in the law. It includes (Care Act 2014, section 1):

dignity, and being treated with respect
physical and mental health, and emotional wellbeing
being safe from abuse and neglect
control over your day-to-day life, including your care
work, education, training or leisure
money and social life
home, family and personal life
having a suitable place to live
being able to contribute to society

No area is more important than another. (Statutory Guidance, 1.6 and 6.114) What matters most to you counts. Two people in the same situation can get different decisions, because the effect on their lives is different. (6.110 and 6.112)

Three things that often go wrong

Good days and bad days. If your needs go up and down, the council must look over a long enough time to see the true picture. (Regulation 2(4)) The guidance gives an example of looking back over the past year. (Statutory Guidance, 6.113) Tell them about your bad days.
"Your family already helps." The council must decide eligibility on your needs alone. It should only think about what a carer does afterwards, when it makes the care plan. Needs a carer meets should still be written down as eligible. That way, if the carer cannot carry on, the council must step in without a new assessment. (Statutory Guidance, 6.115; Care Act 2014, section 18(7))
Money. The eligibility decision is about needs, not money. Money is looked at separately, in a financial assessment. (NHS: getting a care needs assessment)

Carers have their own test

If you look after someone, you can be eligible for support in your own right. This is true even if the person you care for is not eligible. (Statutory Guidance, 6.116 and 6.118) The carer's test also has 3 parts (Eligibility Regulations, regulation 3):

Your needs come from giving necessary care to an adult.
Because of this, your own physical or mental health is getting worse or at risk of getting worse, or you cannot achieve any one of these:
- caring for a child
- caring for other people you look after
- keeping your home fit to live in
- eating and drinking well
- family and other relationships
- work, training, education or volunteering
- using local places and services
- having time for leisure
As a result, there is, or is likely to be, a significant impact on your wellbeing.

Note: carers need to be unable to do just one of these, not 2. (Statutory Guidance, 6.122) For example, if you can work and care but doing both causes you significant distress, you should not be treated as able to work. (6.121) Ask the council for a carer's assessment.

After the decision

You must get it in writing. The council must give you a written record of its decision and the reasons. (Care Act 2014, section 13(2))
If you are eligible, the council must think about how to meet those needs and work out a plan with you. A financial assessment decides if you pay towards it. (Section 13(3); section 18)
If you are not eligible, the council must still give you written advice and information. This should cover what can help now, and how to stop things getting worse. (Section 13(5))
In an emergency, the council can meet urgent needs before it has finished the assessment. (Care Act 2014, section 19(3))

If you think the decision is wrong

Ask for the written reasons if you do not have them.
Check them against the test above. Did they miss a bad day, count help from family, or forget pain, risk or time? Say so in writing, with examples.
Ask for a new assessment if things have changed.
Complain to the council. You can use our free complaint letter.
Then go to the Ombudsman. The Local Government and Social Care Ombudsman is free and independent. You usually need to finish the council's complaints process first.

Get ready: what to tell the assessor

Which of the 10 outcomes are hard for me, with a real example of each
Things I can do but that cause pain, distress or worry
Things that are risky, for me or anyone else at home
Things that take me far longer than they should
Where I need reminding or prompting
What a bad day looks like, and how often bad days happen
What family or friends do now, and what they cannot keep doing
What matters most to me in my life
I have asked for the decision and reasons in writing

Examples

Example Slow but managing. A woman with MS can wash and dress, but it takes her two hours and she is worn out for the day. She told the assessor how long it really takes. This counted as not being able to achieve those outcomes.

Example A son who helps. A man's son cooks and cleans for him. The council at first said his needs were met. The family pointed out that needs met by a carer should still be recorded as eligible. The record was changed.

Example A worn-out carer. A woman caring for her husband had stopped seeing friends and her sleep was poor. Her husband was not eligible, but she was. She now gets a regular break.

These are made-up examples to show how the rules can work. They are not real people. Every case is different.

Free help

You do not need to pay anyone to ask for an assessment or challenge a decision. Free help:

Age UK: care needs assessments (free Age UK Advice Line: 0800 678 1602)
Carers UK: carer's assessments
Citizens Advice: looking after people
GOV.UK: get a needs assessment

Related guides on this site:

This site has no link with any council. It earns nothing from this page.

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Information only. This page explains official guidance in plain English. It is not legal or medical advice. Rules can change. For advice about your own case, contact Citizens Advice or another free adviser.

Where this applies: England. Scotland, Wales and Northern Ireland have different rules.

Written by Social Care Made Easy. Last checked: 26 October 2026.