Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Members definition

What does Members mean? In pensions practice, members are the individuals who hold, or will hold, benefits under an occupational pension scheme—whether still accruing benefits, having left service with preserved benefits, receiving a pension, or holding rights created by pension sharing/adjustment orders. In the UK, the term is defined in the Pensions Act 1995, s 124 to include active, deferred, pensioner and pension credit members. Equivalent provisions apply in Northern Ireland. In Ireland, “member” is defined in the Pensions Act 1990 and usage is broadly consistent (covering current and former members and those in receipt of benefits), although Irish legislation does not...

Alternative adult social care provision and funding: local authority duties, charging, direct payments, benefits and equity release (England)

Published by a LexisNexis Local Government expert

Practice notes

Alternative care

People with care and support needs can receive assistance from family members, friends and other relatives as part of a holistic package tailored to meet those needs. This support may sit alongside, or even replace, help from the local authority (LA). Where LAs consider that an adult may have eligible care and support needs, they must carry out an assessment to determine whether such needs are present, and the nature of the support required. In R (on the application of Antoniak) v Westminster City Council, the High Court clarified the meaning of ‘needs’ within Part 1 of the Care Act 2014 (CA 2014). When conducting a needs assessment under CA 2014, the exercise is to assess an individual’s needs without reference to the help and support they already receive. A need that is currently met is nevertheless still a ‘need’. See News Analysis: The meaning of ‘needs’ under the Care Act 2014 (R (Antoniak) v Westminster City Council). Where an adult has needs, and those needs satisfy the prescribed eligibility criteria, their LA may elect to meet them, or may in some circumstances be under a duty to do so...

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Jonathan Auburn

11 King's Bench Walk

Jonathan has a large practice in all areas of community care law (adults and children), healthcare, mental health and mental capacity law for both local authorities and individuals. Jonathan is rated by Chambers and Partners as the leading ranked junior for community care work. He is also highly ranked for Administrative & Public Law, Local Government Law and Education Law. He has acted in the most important recent cases, including R (KM) v Cambridgeshire CC (Supreme Court) and Westminster CC v SL (Supreme Court). This year he brought successful challenges to the government’s administration of its new benefit, Personal Independence Payments, in R (C and W) v Secretary of State for Work and Pensions, and to local authority charging policies, in R (KM) v Northamptonshire CC. Jonathan has also recently acted in reported cases on care home funding disputes, age...

Rebecca Handcock

Field Court Chambers

Rebecca is regularly instructed by local authorities and persons lacking capacity (including through the Official Solicitor). Her cases often raise complex issues – including dealing with extreme hoarding cases, cases involving medical treatment, and cases involving contact with others including sexual contact.She is often instructed to deal with matters related to an individual’s deprivation of liberty, including challenges under section 21A of the Mental Capacity Act 2005. Rebecca also has a busy Inquest and Inquiries practice, including large long-term projects such as the Covid Inquiry, in respect of which Rebecca has been instructed since 2022.Rebecca has experience being instructed by central and local government in matters which cover varied and often high profile subject matter, regularly attracting media attention. In her Inquest work, Rebecca regularly takes instructions in respect of Inquests where the subject matter overlaps with other areas of her practice (e.g. the deaths of those with...

Web page updated on 21/05/2026

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