Key Legislation
The following legislation has been achieved as a result of successful campaigning by Carers UK, Carers Scotland and Carers Northern Ireland and numerous local and national carers organisations.
Carers (Equal Opportunities) Act 2004 (England and Wales)
The Act came into force on 1st April 2005 in England and on 18th April in Wales. The principals of the Act are to:
Community Care (Delayed Discharges etc.) Act 2003 (England)
Part II of the Community Care (Delayed Discharges etc.) Act dictates that certain community care and carers' services provided through intermediate care, must be provided free of charge to the disabled older person and carer for up to six weeks. These services include intermediate care and aids and adaptations costing £1,000 or less. Part I of the Act gives a carer who requests an assessment, a right to be assessed and have any necessary services provided, before the patient leaves hospital. Part I of the Act also introduces a new fining system for local authorities, where patients' discharge from hospital are delayed due to lack of services.
Carers and Direct Payments (Northern Ireland) Act 2002
The Act came into force in April 2003. The Act gives carers the right to a separate assessment of their needs. many of the Act's provisions bring in legislation for carers in Northern Ireland in line with that of England and Wales. The Act also places a duty on Health Boards to inform carers of their possible entitlement to an assessment.
Community Care and Health (Scotland) Act 2002
The Act came into force on 1st September 2002 and entitles all carers, including those under the age of 16 to request an assessment in their own right. Local authorities have to take into account of the views of carers when undertaking an assessment of the person being cared for and they are under a duty to inform individuals of their possible entitlement to an assessment. The Act also has a number of significant differences to England, Wales and Northern Ireland Acts and further information can be obtained from Carers Scotland.
Carers and Disabled Children Act 2000
The Carers and Disabled Children Act 2000 came into force in April 2001 in England and Wales. This Act provides:
a right for a carer to request an assessment of their needs, even when the disabled person refuses an assessment. The carer has to be aged 16 and has to be providing or intending to provide regular and substantial care for someone aged over 18.
a right for parents of children with disabilities to request an assessment
the power for local authorities to provide carers with services which help them to care
the ability for local authorities to provide direct payments (i.e. cash instead of care) to parent carers, carers for their own services and young disabled people aged 16 or 17
the ability for local authorities to charge carers for their own services
vouchers for breaks services.
Carers (Recognition and Services) Act 1995
The Carers (Recognition and Services) Act came into force in April 1996. This Act provides that:
Carers who are providing 'regular and substantial care' are entitled to request an assessment of their ability to care ("a carer's assessment"), Local authorities must take the carers ability to care into account when looking at what support to provide the person in need of care.
Information provided by Carers UK. Full summaries of these and other Acts are available from the Carers UK website; www.carersuk.org
More about Carers UK - the BIG 40
Congratulations to Carers UK for 40 years of campaigning for carers. What's been achieved in those 40 years?
1965 First Carers' organisation formed, Mary Webster quit job as minister to care for her parents at home. In 1963 she wrote to the Times "concerning the difficulties single women face with earning the family living and caring for the home, the sick and the elderly". The overwhelming response to the letter led to the setting up of the national Council for the Single Woman and Her Dependents.
1967 Tax Concessions won. Dependent relatives tax allowance for single women increased and pension credits granted for women obliged to give up a job to care for a parent at home.
1971 Attendance Allowance. AA brought in for those needing constant care at home.
1981 Association of Carers. Judith Oliver launched the first organisation for all carers regardless of sex or age. Within 5 years, over 300 groups established in UK. national Council changes name to National Council for Carers and their Elderly Dependents.
1986 ICA for married Carers. ICA only available to single people. Married carer Jackie Drake took case to European Court of Justice who found in her favour. Thousands of carers have since been able to claim.
1986 Disabled Person's Act. Sponsored by Jack Ashley, the Act made local authorities take into account a carer's ability to care when assessing the needs of the cared for.
1988 Carers national Association. Formed out of merger of Association of Carers and National Council for Carers and their Elderly Dependents. Statistics published for the first time from General Household Survey showing there were 6 million carers in Britain.
1990 Carer Premium. Income as a top up to Income Support for Carers with underlying entitlement to ICA. Earnings increased for ICA from £13 to £50 per week.
1995 Carers (Recognition) Act. Malcolm Wicks MP introduces first legal recognition of carers, giving them a right to assessment of their own needs.
1999 Employment Relations Act. First right for working carers, giving them right to time off work for emergencies.
2000 Carers and Disabled Children Act. Introduced by Tom Pendry MO, carers gain new rights and councils allowed to provide services directly to carers. Direct Payments for carers and voucher schemes for breaks allowed.
2001 Cares UK. Carers National Association becomes Carers UK.
2002 Flexible Working. Parents of disabled children win right to request flexible working from employer.
2005 Carers (Equal Opportunities) Act. Tabled by Hywel Francis MP ensures Carers receive information about their rights. All carers' assessments must now consider leisure, training and work.
Rights to learning and leisure We are asking N&CC (Social Services) for examples of the difference the new Act has made to carers. Has it made any difference to you or anyone you know? Let us know, as it helps us and other carers to push for better services.
The next steps
Their recent survey of members said carers thought the key issues were:
poverty, with Carers Allowance set at a pitiful rate
ill health through lack of support
barriers due to lack of public understanding about the contribution made by carers
These have been sent to every MP in the new Parliament, and Carers UK has had meeting with the new government ministers to get over the changes needed to improve Carers' lives.