There are 3 key pieces of legislation, which are particularly relevant to carers. These are: Carers (R&S) Act 1995, Carers and Disabled Act 2000 and Carers (Equal Opportunities) Act 2005

These jointly give carers a right to an assessment of their own needs in relation to their caring role. They also place a duty on Local Authorities to consider carers wider needs during an assessment and give authorities power to provide services direct to carers in their own right.

Carers rights and entitlements are covered in more detail below.

• The right to an assessment by Social Services – covered under the Carers (Recognition & Services) Act 1995 and the Carers and Disabled Children’s Act 2000. This entitles you to an assessment of your needs as a carer in your own right. You can ask for a carer’s assessment at any time by contacting your local social care team or sub office.

You can ask for a carer’s assessment if the person you care for:

• Is living in the community
• Is elderly frail, disabled or has a physical or mental illness
• And is getting help from social services, or is eligible to have this help

And if you:

• Do not get a wage for caring (apart from Social Security benefits) and are not a volunteer. You do not need to be living with the person you are caring for.

And if the care you provide:

• Is personal care, practical help, emotional support or a combination of these
• Is substantial, regular and essential for the safely and physical or emotional needs of the person you care for
• And may vary from day to day and week to week, but the impact of caring on your life is significant and continuing. (For example, if you cannot take a break without having to make arrangements for the person you care for).

For information about carers assessments, Social Care Services has produced a leaflet called ‘A carers guide’. This can be obtained by calling 01245 434134.

• The right to time off work:

Under recent EU Legislation, you now have the right to time off work to deal with an emergency involving someone who depends on you. You can’t be penalised by your employer for taking the time off, providing your reasons for taking it are genuine. >

• The right to benefits.

These are covered under ‘money matters’.

• The right to demand change

Legislation relating to carers has changed in response to the campaigning of organisations such as Carers UK. At a local level, the ‘Essex Carers Forum’ and other agencies can enable your voice as a carer to be heard.

• Power of attorney

A person who is mentally competent to manage their affairs but cannot deal with day-to-day transactions can give power of attorney to their carer to act on their behalf. Always take legal advice before pursuing this option. Many local solicitors offer a free initial consultation if you want to find out more.

• Enduring Power of Attorney

An enduring power of attorney is power of attorney, which, subject to conditions and safeguards, continues in force even after the maker of the Enduring Power becomes mentally incapable of handling his or her affairs, provided that it is registered. Please speak to a solicitor to find out more. You can also contact the National Enduring Power of Attorney Customer Services Help line on 0207 6647327.

• The right to know the cost

There are charges for many services provided for the person you care for, for which benefits have been provided. You have the right to know what these costs are before you agree to them. If you are not told what the charges will be, you have the right to complain. Social Services decide how much you will be charged based on its ‘Charging Policy’.

• The right to complain

If you are unhappy with the service you have received from Social Services, Health or Housing, it’s a good idea to discuss your concerns with the person who provides the service as soon as possible. If you are unhappy with their response, you can make a ‘formal complaint’.