Definition or reference in secondary legislation
The Care and Support (Eligibility Criteria) Regulations 2015, reg 2(4)
(4) Where the level of an adult's needs fluctuates, in determining whether the adult's needs meet the eligibility criteria, the local authority must take into account the adult's circumstances over such period as it considers necessary to establish accurately the adult's level of need.
Plain English definition
Think Local Act Personal (TLAP) Jargon Buster
Care and support needs that change over time, or that vary from day to day. The Care Act 2014 says that councils should ask, as part of your assessment, how your needs vary, and should look at you over a long enough period of time to get a complete picture of your needs. If you have fluctuating needs, your care plan or support plan should say what you want to happen if you have a sudden change or an emergency.