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Legal

Carers’ Legislation

 

Carers (Recognition and Services) Act 1995

Implemented in April 1996.  This act gives recognition to the carer and the right to an assessment when the cared for is being assessed or re-assessed – but no rights to services.  The carer has to be providing, or intending to provide, regular or substantial care.

 

Carers and Disabled Children Act 2000

Implemented April 2001.  This act gives carers the right to an individual assessment even if the person being cared for has refused an assessment for their own needs.  This gives carers rights to services, providing resources are available to meet the needs presented.  lt gives carers the right to apply for a carers direct payment but it also gives Local Authorities the power to charge carers for services.

 

Community Care (Delayed Discharge etc) Act 2003

Implemented January 2004.  This act means the local authority is required to make a payment to the relevant NHS body where it has not succeeded in putting together a discharge plan for an individual within the specified number of days OR where a patient’s discharge has been delayed because (and only because) the local authority has not been ready to provide services to the patient or their  carer at the specified time of discharge, whichever of these is the latter.  Patients are, on some occasions, being sent home without consideration for the carer’s ability to cope.

 

Carers (Equal Opportunities) Act 2004

Implemented April 2005.  This act means the Local Authority has to let Carers know of their rights to an assessment and has to provide information on services, such as leisure, education and employment, which will support carers within their caring role.  lt also means that other agencies must consider any request for services that arise from an assessment.

 

(Every reasonable effort is made to ensure the information provided is accurate and up to date at time of publishing.  No responsibility for its accuracy and correctness, or for any  consequences of relying on it, is assumed by Solihull Carers Center)




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