An overview of carers' rights

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 alimited periodmay be entitled to an assessment. The localcouncilhas a responsibility to make sure a young carer's own well-being 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.

• Carers and Disabled Children Act 2000 - Office of Public Sector Information website Opens new window

The Carers (Equal Opportunities) Act

The act came into force in April 2005. It places a duty on local authorities to ensure that all carers know that they are entitled to an assessment of their needs, and to consider a carer's outside interests - work, study or leisure -when carrying out an assessment.

• The Carers (Equal Opportunities) Act

Carers and direct payments

Direct payments are cash payments made instead of providing services directly, tosomeone who has been assessed as needing services.

Direct payments can be made to carers aged 17 or over.

There are somecircumstances where direct payments are not given and your council can tell you about these.

• Direct payments for carers

Carers and employment rights

The Employment Act 2002 gives working parents of disabled children under 18 the right to request flexible working arrangements. SinceApril 2007,youalso have a statutory right to ask your employer for flexible working if youare caring for an adult who is a relative or lives at the same address as you.

Carers also have the right to take (unpaid) time off work for dependants 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.

• Carers and employment

• Flexible working and work-life balance (general employment section)

Source:

DirectGov

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