FAQs - Frequently Asked Questions
Carers’ Rights
A carer is someone who cares for a disabled adult or child in an unpaid capacity. A carer may be a relative, friend or neighbour & may care on a full time, part time or occasional basis to enable the disabled person to live at home. It does not mean a professional care worker who may be employed by the disabled person or care home.
Carers have the right to an assessment of their needs as carers if they have regular and substantial caring responsibilities. They are entitled to an assessment even if the person they are caring for does not want one. The law regarding assessment for carers can be found at Action for Carers Surrey which also produces carers’ information booklets with detailed information about caring matters for people caring in different parts of Surrey. To request an assessment contact Surrey County Council on 08456 009009.
There have been several pieces of legislation regarding carers’ rights over recent years.
The Carers and Disabled Children Act 2000 came into force in April 2001 & entitles carers aged 16 or over who provide a regular and substantial amount of care for someone aged 18 or over to an assessment of their needs as a carer. The act also enables local councils to offer carers support. They may provide any services which, in their view, will support the carer in their caring role and help them to maintain their own health and well being.
Direct payments can be made to carers aged 17 or over (including people with parental responsibility for a disabled child, and disabled people aged 16 or over). There are some limited circumstances where direct payments are not given. Direct payments are cash payments made in lieu of social service provisions, to individuals who have been assessed as needing services. Some people who get social services support have a right to direct payments.
If you have parental responsibility (you do not need to be the mother or father of the child) 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.
The Carers (Equal Opportunities) Act 2004 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 & to consider a carer’s work, study or leisure activities when carrying out an assessment. It is also intended to promote better joint working between councils & the health service to ensure support for carers is delivered in a coherent manner.
The Employment Act 2002 gives working parents of disabled children under 18 the right to request flexible working arrangements. Carers also have the right to take (unpaid) time off work for dependents in cases of emergency. By answering a series of questions, Directgov will provide you with a personalised overview of your main employment rights and responsibilities.
+ Additional Information: Caring for someone
More information on living with a disability in Surrey can be found at www.askenid.org.uk and in the leaflet ‘Information for You’ available from SID (Social Information on Disability), 0800 0439395.