Carer ’ s Rights
A quick guide
As a carer you have specific legal rights and entitlements . Knowing your rights can help you to get the support that you need . These rights for carers include :
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The right to have your needs assessed by your local authority
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The right to receive direct payments so that you can chose what services to have
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Rights in the workplace
The right to an assessment The Carers and Disabled Children Act 2000 sets out your rights for a carer ’ s assessment . It says that all carers aged 16 or above , 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 .
The assessment is provided by Adult Social Care , East Sussex County Council , as a way to see if they can offer any support to aid you in your caring role .
Young Carers Young people ( aged under 18 ) who provide care to adult family members are also entitled to an assessment of their needs . This should normally be carried out by local Children ’ s Department under the provisions of the Children Act 1989 . However , in certain circumstances children aged 16 and 17 can have a carers assessment .
Parent Carers If you are a parent or have responsibility for a disabled child , your needs as a carer can be assessed under The Children Act 1989 . You have the right to a family needs assessment .
The Carers ( Equal Opportunities ) Act The Carers Act , in effect from April 2005 , gives carers more choice and better opportunities to lead a more fulfilling life by ensuring they receive information about their rights under the Carers and Disabled Children Act 2000 .
It also ensures that carers assessments consider leisure , training and work activities , and provides for co-operation between local authorities and other bodies , including housing , education and health , particularly in relation to the planning and provision of community care services that are relevant to carers .
The right to receive direct payments If the outcome of your carer ’ s assessment is that services should be provided , you have the right to ask for a direct payment instead of having the service arranged by social services .
Direct payments can give you greater flexibility to organise support and services yourself . They can be used to buy services from an organisation or to employ someone to provide assistance . However , they do bring responsibilities and it may be helpful to seek advice if direct payments are new to you .
Your rights in the workplace Since the Employment Act 2002 became law , working parents of disabled children under 18 have the right to request flexible working arrangements . Additionally , since April 2007 , if you are a carer of an adult who is a relative , or living at your address , you also have the right to ask for flexible working .
However , while you have the right to ask for flexible working , it is important to know that employers are not bound to grant these requests . Carers also have the right to take unpaid time off work for the people they care for in an emergency .
More information Carers Direct has a more detailed section about carers rights , visit : www . nhs . uk / CarersDirect / guide / rights /
To talk through your rights as a carer call Care for the Carers on 01323 738390 or email info @ cftc . org . uk
www . cftc . org . uk 9