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Carer's rights

Contents

Overview

There are some specific rights that relate to carers including employment rights, the right to an assessment and receiving direct payments.

Carers’ rights to an assessment

Under the Carers and Disabled Children Act 2000, carers aged 16 or over who provide a regular and substantial amount of care for someone aged 18 or over have the right to an assessment of their needs as a carer.

If there is more than one carer providing regular care in your household you are both entitled to an assessment.

Very occasionally a 16 or 17 year old who cares for someone for a while may be entitled to an assessment. The local authority still has a responsibility to make sure a young carer’s own wellbeing is looked after and that they receive the necessary support.

If you have parental responsibility for a disabled child, your needs as a carer will be assessed as part of a family needs assessment. You have the right to a family needs assessment under the Children Act 1989. You do not need to be the mother or father of the child.

Services to carers

The Carers and Disabled Children Act 2000 also enables local councils to offer carers support. They may provide any services which, in their view, will support the carer in their caring role and help them to maintain their own health and wellbeing.

Carers and direct payments

Most people who get social services support have a right to direct payments.

Direct payments are cash payments made in lieu of social service provisions, to individuals who have been assessed as needing services.

Direct payments can be made to carers aged 17 or over (including people with parental responsibility for a disabled child, and disabled people aged 16 or over).

There are some limited circumstances where direct payments are not given and your council will be able to tell you about these.

Carers and employment

The Employment Act 2002 gives working parents of disabled children under 18 the right to request flexible working arrangements. Carers also have the right to take (unpaid) time off work for dependents in cases of emergency.

Returning to work after being a carer may have an impact on any entitlements and benefits you receive as a carer. The amount of hours you do, how much you earn and your savings will be taken into consideration.

The Carers Equal Opportunities Act

The Carers Equal Opportunities Act ensures that carers are able to take up opportunities that people without caring responsibilities often take for granted. For example, working, studying or leisure activities.

The Carers Equal Opportunities Act came into force in April 2005 and is intended to provide a firm foundation for better practice by councils and the health service. It will build on existing legislation and support for carers by:

  • Placing a duty on local authorities to ensure that all carers know that they are entitled to an assessment of their needs
  • Placing a duty on councils to consider a carer’s outside interests (work, study or leisure) when carrying out an assessment
  • Promoting better joint working between councils and the health service to ensure support for carers is delivered in a coherent manner
Right to request flexible working

From 6 April 2007, the statutory right to request flexible working was extended to carers. To qualify, you must be a carer who cares, or expects to be caring, for a spouse, partner, civil partner or relative or someone who lives at the same address.

What is flexible working?

'Flexible working' is a phrase that describes any working pattern adapted to suit your needs. Common types of flexible working are:

  • Part-time: working less than the normal hours, perhaps by working fewer days per week
  • Flexi-time: choosing when to work (there's usually a core period during which you have to work)
  • Annualised hours: your hours are worked out over a year (often set shifts with you deciding when to work the other hours)
  • Compressed hours: working your agreed hours over fewer days
  • Staggered hours: different starting, break and finishing times for employees in the same workplace
  • Job sharing: sharing a job designed for one person with someone else
  • Home working: working from home

You can combine any of these working patterns to come up with something to suit your circumstances.



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