Legal Rights For Carers

If you are caring for a family member or friend you have a legal right to an assessment if you are undertaking regular and substantial care.

Legislation

Pieces of legislation that apply specifically to Carers looking after someone eligible for Social Services are:

The Carers (Recognition and Services) Act 1995
The Carers and Disabled Children Act 2000
Carers Equal Opportunities Act 2004
Eligibility Criteria

These Acts give carers the right to have their need for support, information and advice assessed and responded to.

The Carers (Recognition and Services) Act 1995

Wherever you provide, or intend to provide, support to someone eligible for Social Services help, you are entitled to a carers assessment under the Carers (Recognition and Services) Act 1995.

The carers assessment is not an assessment of how well the cared for person is being looked after, but is an opportunity for you to say how you feel about the tasks that you undertake and what you need to help you with your situation.

The Carers and Disabled Children Act 2000

This Act allows you as a carer to receive services if the person being cared for is entitled to Social Services help. Services under this Act are provided directly to you to help make caring more manageable. This Act is also concerned with services for parent carers managing their children’s care.

This Act entitles you a carer to an assessment of services which might help you continue to carry out care, even if the person who you look after will not accept services. These services might include extra help at home, or equipment that would help reduce the day to day stresses and strain on you as a carer. Services to you may be provided by Direct Payments link will open in new window if this is more convenient to the you.

Carers (Equal Opportunities) Act 2004

This Act gives you the right to:

Be informed about you entitlement to a carers assessment.
Have your work, leisure and training needs assessed.

This Act also enables Social Services to request co-operation from other agencies which can assist you to maintain your caring role.