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devon.gov.uk

Saturday 10 January 2009
Carers in Devon

Carers in Devon

Rights

There are some specific rights that relate to carers including employment, assessment and direct payments. Here is information on all of these areas, and additional information which you may find helpful.

Carers Assessment

If you provide regular and substantial care for someone aged 16 or over, or have parental responsibility for a disabled child, you have the right to ask for a carers assessment.

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Community Care Assessments (NHS and Community Care Act 1990)

This is sometimes called a needs assessment or care management assessment and looks at the needs of someone with a disability, frailty or mental health problem.  Carers should be involved with this assessment and their views sought.

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Services for Carers

Local authorities may provide services which, in their view, will support the carer in their caring role and help them maintain their own health and well being.

Services for the cared-for person may also support a carer such as:

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Direct Payments

Cash payments made in lieu of Social Services provision to individuals who have been assessed as needing services.  This can be paid to carers.

Further:

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Delayed Discharges

The Government has introduced a scheme whereby local authorities in England have to reimburse NHS Trusts for every day that a patient is delayed in hospital. The Community Care (Delayed Discharges, etc) Act 2003 has now become law and sets out the details.

The Act imposes a deadline (minimum of 2 days) after the patient is "safe" to be discharged. During these days, a care plan will have to be developed and services arranged. If the patient stays in hospital longer than this, the local authority will have to pay the Trust for every extra day the patient stays in hospital.

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Disability Discrimination Act 1995 Part 3 - Access to Goods and Services

Making Britain Open 4 All - On 1 October 2004, the final stages of Part 3 of this Act came into force.

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Carers (Recognition and Services) Act 1995

This Act puts a duty on the local authority (social services department) to carry out a carers assessment as part of its community care assessment, if the carer "provides or intends to provide a substantial amount of care on a regular basis".  The carer can request an assessment before the cared-for person is assessed, if they wish and the local authority must take this into account when deciding on the services to be offered for the cared-for person.

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Carers & Disabled Children Act 2000

This Act gives carers the right to services, Direct Payments and local authorities the right to charge carers for services and introduce voucher schemes.

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Carers (Equal Opportunities) Act 2004

This Act imposes a duty on local authorities to promote assessments, to take into account carers' outside interests when carrying out assessments, and to provide more joined-up working.

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The Employment Act 2002

This Act 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 for dependents in time of emergency.

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Find out what the law says:

The HMSO website offers the actual Acts of Law and, in many cases, explanatory notes.

National Carers Strategy/New Deal for Carers

In 1999 the government launched its strategy for developing services and support for carers called ‘Caring about carers - a national strategy for carers’ which can be viewed here.

In 2007 a review of the Carers Strategy was announced offering a new package of support for carers. The ‘New Deal for Carers’ will include additional funding for emergency support, a national helpline for carers and an expert carers programme. Gordon Brown also announced there would be the most far-reaching consultation ever on future support for carers, as the 1999 National Strategy for Carers is updated. Find out more from Carers UK here.

Contact us

  • Carers in Devon
    Social Services Directorate
    The Annexe
    County Hall
    Topsham Road
    EXETER
    EX2 4QR

Telephone01392 382331

Emailcarersindevon@devon.gov.uk