Legislation - The Carers' Acts
There are 3 Acts specifically for Carers
CARERS (RECOGNITION AND SERVICES) ACT 1995 This Act gave Carers, who are providing regular and substantial care, the right to ask for an assessment of their own needs, in order to allow them to continue their caring role.
CARERS AND DISABLED CHILDREN ACT 2000 This Act was aimed at helping all Carers caring for older people, disabled people and sick children. Its main implications are:
- Carers over the age of 16 are able to ask for an assessment of their own needs, even if the person being cared-for refuses an assessment.
- Local authorities have the power to provide services to Carers.
- Cares are able to receive Direct Payments. This means that the Carer can arrange and purchase independent services, rather than having them provided by a local authority.
- Local authorities were given the power to means test and charge Carers for any non-residential services provided to the Carer, by the authority.
Parent Carers: Parent Carers are entitled to an assessment under this Act but not to services. However, the Act does say that Parent Carers should already be entitled to services for their family under existing legislation (The Children's Act). The Act also makes it clear that Parent Carers should be able to receive Direct Payments.
CARERS (EQUAL OPPORTUNITIES) ACT 2004 This Act ensures that assessments take into account a Carers' need for education, paid employment, life-long learning, and the pursuit of leisure interests.
The Act also places the onus on local authorities to work together to support Carers.
Under the terms of these Acts, regular and substantial care means
- 20 or more hours caring a week, and
- carrying out a range of caring activities, or providing both personal care and physical assistance
In addition the Acts also cover situations where
- the caring role is less than 20 hours a week, but is intensive
- there is a risk that the caring role is not sustainable.
If you would like more information about Carers' Legislation, Direct Payments or Carers' Assessments, call our Information Team on 01782 834836.
You will find more information about assessments on our "Carers' Assessments" page
North Staffs Carers Association is a Company Limited by Guarantee, registered in England and Wales. Registered Number 3313461.
Registered Office: Unit 2, Burslem Enterprise Centre, Moorland Road, Burslem, Stoke on Trent, ST6 1JQ
Tel: 01782 834 836 (answerphone out of hours) Fax: 01782 831 610
North Staffs Carers Association is a registered charity. Charity number 1062548This web site is supported by funding from Staffordshire County Council and Stoke on Trent City Council.