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Sunday, 30 October 2011

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

Carers aged 16 or over who care for someone aged 18 or over have the right to an assessment of their needs as a carer. The amount of care must be considered 'regular and substantial'.

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 limited period may be entitled to an assessment. The local council has 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.

The Carers (Equal Opportunities) Act

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

Carers and direct payments

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

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

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

Carers and employment rights

The Employment Act 2002 gives working parents of disabled children under 18 the right to request flexible working arrangements. Since April 2007, you also have the right to ask your employer for flexible working if you care for an adult. The person you are caring for, must be a relative or live 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.

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