19 Duty and power to meet a carer’s needs for support

View notes on this clause

(1) A local authority, having carried out a carer’s assessment and (where applicable) a financial assessment, must meet those of a carer’s needs for support which meet the eligibility criteria if—

(a) the adult needing care is ordinarily resident in the local authority’s area, or is present in its area but of no settled residence,
(b) in so far as meeting the carer’s needs involves the provision of support to the carer—

(i) there is not a charge under section 14 for meeting those needs, or
(ii) in so far as there is, subsection (2) or (3) applies, and

(c) in so far as meeting the carer’s needs involves the provision of care and support to the adult needing care—

(i) there is not a charge under section 14 for meeting those needs and the adult needing care agrees to the needs in question being met in that way, or
(ii) in so far as there is a charge, subsection (4) or (5) applies

(2) This subsection applies if the local authority is satisfied on the basis of the financial assessment that the carer’s financial resources are at or below the financial limit.

(3) This subsection applies if—

(a) the local authority is satisfied on the basis of the financial assessment that the carer’s financial resources are above the financial limit, but
(b) the carer nonetheless asks the authority to meet the needs in question.

(4) This subsection applies if—

(a) the local authority is satisfied on the basis of the financial assessment that the financial resources of the adult needing care are at or below the financial limit, and
(b) the adult agrees to the authority meeting the needs in question by providing care and support to the adult.

(5) This subsection applies if—

(a) the local authority is satisfied on the basis of the financial assessment that the financial resources of the adult needing care are above the financial limit, but
(b) the adult nonetheless asks the authority to meet the needs in question by providing care and support to the adult.

(6) Where a local authority, having carried out a needs assessment and (where applicable) a financial assessment, is satisfied that the duty under subsection (1) does not arise, it may nonetheless meet any of the carer’s needs for support; but, in so far as meeting the carer’s needs involves the provision of care and support to the adult needing care, it may do so only if the adult agrees.

(7) Meeting some or all of a carer’s needs for support may involve the provision of care and support to the adult needing care, even where there would be no duty to meet the adult’s needs for that care and support under section 17.

(8) Where a local authority is required by subsection (1) to meet some or all of a carer’s needs for support but it does not prove feasible for it to do so by providing care and support to the adult needing care, it must, so far as it is feasible to do so, identify some other way in which to do so.

 

7 Responses to 19 Duty and power to meet a carer’s needs for support

  1. Richard Judd says:

    Again,this clause is full of words that mean nothing ! If support has been identified as being needed by an individual,then the authority should provide support directly,or via the personal budget route. They should be acting as advocates and brokers,telling service users what services best match their needs.It’s easy to supply words ! not so easy to supply funds to actually support elderly and disabled people.

  2. B.McCreery says:

    What provision is to be made for carers in receipt of OAP who do not receive Carers Allowance; Who at present receive Direct Paments for a personal Assistant to enable them to have a few hours break by using the services of a sitter?
    Is any provision to be made if the Carers health deteriorates & they can no longer fulfil all their caring role, and need to employ professional care?
    Carers do not receive sick pay!

  3. Anne Barrett on behalf of the South Carers Network says:

    Clause 19
    Positive
    • Helpful description of duty
    Negative
    • Not meeting parent carers needs
    • Not meeting Young carers needs
    • What about cross border issues/
    • Multiple/mutual caring not mentioned, needs clarification
    • NHS Continuing Care funding not referred to
    • Need triggers for meeting the “duties” i.e. LAs/Health
    • Whole family approach but carers are less considered
    • Clarification for charging needed i.e. “break” from role, maintaining a life outside caring
    • Need clarification about timing re duty of care, no timescale for meeting the needs of the carer, whereas there is a timescale to meet the needs of the cared for
    • Standard framework, helpful to carers to have an entitlement

  4. Anne Barrett on behalf of the South Carers Network says:

    Positive
    • Helpful description of duty
    Negative
    • Not meeting parent carers needs
    • Not meeting Young carers needs
    • What about cross border issues/
    • Multiple/mutual caring not mentioned, needs clarification
    • NHS Continuing Care funding not referred to
    • Need triggers for meeting the “duties” i.e. LAs/Health
    • Whole family approach but carers are less considered
    • Clarification for charging needed i.e. “break” from role, maintaining a life outside caring
    • Need clarification about timing re duty of care, no timescale for meeting the needs of the carer, whereas there is a timescale to meet the needs of the cared for
    • Standard framework, helpful to carers to have an entitlement

  5. Belinda Schwehr says:

    I think it is interesting that the concept of a charge for carers’ services, or carers’ direct payments is now being openly included, and I think that this is realistic. Obviously the majority of carers will not be chargeable, or no charge will be made, because of the incentivising of the carers’ army to down tools and refuse to care any longer, thus catapulting the council into a bigger spend on the unmet need of service users. But in principle, a carer may be extremely grateful for the service and accept that it should be chargeable to them, because of what it enables them to continue to do with their own life, and their financial circumstances may be very different to that of the person they are caring for. So I think it would need clarification as to whether a carer’s household should be assessable for a charge, or where a carer’s ‘means’ both start and stop – because the paradigm type of carer – the married or co-habiting homemaker who does not work, in middle age, because of years of child rearing, is someone perhaps with no means of their own, necessarily, but support from and dependency on the breadwinner in the family to carry on subsidising the other caring adult’s share of the household expenses. And it may be the breadwinner’s parent whom the non-breadwinner is caring for! So I think it is a very difficult issue which was not deeply considered in the consultation by the Law Commission.

    • Janice Clark says:

      Can you consider please how charges for support services to Carers (to help the State as much as anything) will impact on the Carers ability to fund their own care in the future – which is not far away for many of us? Is it right to expect us to forfeit our own care ? How does this sit with the concept of self determination/ autonomy for the Carer as an individual in their own right. It just doesn’t seem right to me especially if – when they are unable to fund their own care – they could be subject to being called feckless or scroungers if they then have to rely on the State. This is not dignified. At some point a Carer must consider their own needs in old age or disability – and so must the State

  6. Carers Partnership Group, Croydon says:

    This clause provides flexibiity in terms of providing support for carers. However, if charging does become relevant, the carer may not want to seek or accept the much needed support they require.