Are you new to caring? Are you unsure what your rights are as an unpaid carer? Or do you simply just want to keep up to date with the changes in legislations? Learn about your rights as an unpaid carer.
Whether you are a new carer or have been caring for someone for a while, carers need to know their rights wherever they are in their caring journey. It is important that you understand your rights and are able to access the support that is available to you.
- If you are juggling work with your caring responsibilities, you have the right to request flexible working. Also, a legal right to request up to five days unpaid leave every twelve months, which will help many manage some of the day-to-day challenges of being a carer – enabling you to stay in employment.
- If you provide unpaid care, you can ask your GP practice to identify you as a carer on your patient record and might be called forward for priority vaccines or other public health campaigns. If you are the main carer for an older or disabled person, who may be put at risk if you became ill, or if you are in receipt of Carer’s Allowance, you should be offered a free flu jab.
- If you look after an older or disabled person, the law - under the Equality Act 2010 – protects you against direct discrimination or harassment because of your caring responsibilities.
- If you’re over 18 and provide regular unpaid care for someone, you’re entitled to a carer’s assessment - it doesn’t matter how much or what sort of care you provide.
- If you are a carer and the person you care for is being discharged from hospital, the hospital must identify and consult with you, where possible. NEWCIS have Hospital Facilitators who can support you with this.
Learn more on the Carers UK website here [external link] >
Carers and the law
This law exists to improve the well-being of people in Wales, particularly those who need care and support, and carers who need support. There are several rights included in the Act that are important for you to know and understand. These rights are the same for all carers, whether you are a child, a young person or an adult.
Your rights as a carer are protected in law. Find out more about your rights regarding assessments, direct payments, finances, safeguarding, advocacy, health and more in The Care Act 2014.
Under the Social Services and Well-being (Wales) Act you have a right to:
- Information and advice about your local services
- A conversation about what matters to you
- Request a carers’ needs assessment
- Have your voice heard when decisions are being made about the help you may need
Benefits
Find out what benefits are available, how they work and if you are eligible.
Bereavement
When someone you have been caring for passes away, it can feel overwhelming knowing what to you need to do and where to start. NEWCIS can provide support for unpaid carers as their caring role changes or ends. If the person being cared for has died, we can signpost you to our internal counselling service or to other organisations such as Cruse. We also run regular funeral planning sessions with Celtic Financial Planning Ltd.
Carers Allowance
Carers Allowance is paid to carers over 16 on a low income who spend 35 hours or more a week caring for someone. You do not have to be related to, or live with, the person you care for. You do not get paid extra if you care for more than one person.
Carer’s Leave Act 2023
The Carer’s Leave Act 2023 will come into force on 6 April 2024. The draft regulations set out important detail relating to the Act, including that: the legislation will cover employees in England, Wales and Scotland. to be entitled to the provision, employees need to be providing long term care.
For further information on the act and how it can support carers who are in paid employment go to www.legislation.gov.uk/ukpga/2023/18 [external link] >
Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a powerful legal document that safeguards a person’s wishes in the event that they are no longer able to make decisions for themselves. Working with Celtic Law Ltd, NEWCIS has developed a much-needed service for unpaid carers offering LPA workshops and in some cases access to financial support with the associated fees. Check our events page for any upcoming LPA courses or contact us for more information.
The Older People’s Commissioner for Wales’ Easy Guide to Lasting Powers of Attorney [external link] provides easy to understand information that can help.
Welsh Government Charter for unpaid carers
Welsh Government have published a Charter explaining the legal rights of unpaid carers in Wales under the Social Services and Wellbeing (Wales) Act 2014.