As a carer it is important to know your rights to enable you to access the variety of support available to support you when caring. But often, many carers like you are unaware of your rights, especially when challenging decisions that may affect you and your caring role.
Here, we outline carers rights which are defined in law, to enable you to exercise your rights, to ensure that you, as well as the person you care for, get the support you need and deserve.
Caring is a choice, and everyone has the right to choose whether to be a carer. You have the right to self-assess your ability to care and be supported to identify which needs of the person you are caring for you are willing and able to support.
You have the right to be identified as a carer at your GP surgery, with the local authority who are assessing the care and support needs of the person you care for, and in hospital and other health settings when the person you care for is admitted, or due to be discharged. You also have the right to register as a carer with your local carer support organisation.
No matter the level of care you are providing, or how many hours you care for, you have the right to request a Carer’s Assessment from your local authority or local carer support organisation to determine your needs for support, if you have needs which arise as a result of your caring role.
Your needs may be around taking a break, seeing other important people in your life, help with travel or fuel costs you incur to carry out your caring role, or to help you to learn new skills to support you to care more safely. As part of the Carer’s Assessment process, you also have the right to create and register a Carer’s Emergency Plan with your local authority for if you cannot continue caring due to an unexpected circumstance or an emergency.
As a carer you have the right to be involved in decision-making when decisions are being made around changes to or developments to a service for the person you care for with the local authority, where there is an expectation of you to provide care.
You also have important new rights at hospital discharge. NHS hospital trusts in England must ensure unpaid carers are involved as soon as possible when plans for a patient’s discharge after treatment are made. This covers all carers of adults needing care and support following hospital discharge, including healthcare support such as continuing healthcare.
As a working carer you have the right to ask for flexible working from your employer and to be given time off in emergencies. The new Carer’s Leave Act 2023 has also introduced the legal right for carers to take a week of unpaid leave each year from work.
As a carer you have a right to receive a free NHS health check. The health checks are aimed at adult carers between the ages of 40 and 74 and carers at risk of admission to hospital (or if the person you are caring for is at risk of hospital admission).
If you are a carer aged sixteen or over, you also have the right to request free flu and Covid vaccinations to help protect you and the person you are caring for from illness.
If you are 16 or over and caring for someone for more than 35 hours a week, you have the right to apply for Carers Allowance. Even if you are not entitled to any benefits due to your income, you will still be awarded an underlying entitlement. In certain circumstances, you may also be entitled to reductions in council tax due to a low income or a carers disregard if you need to stay over with the person you are caring for due to them having night needs, or because you have moved in with them to provide necessary care.
Under the Carer’s Leave Act 2023, eligible employees can take up to five days of unpaid leave each year to care for a sick family member or friend. This leave can be taken in shorter blocks, allowing you to balance work and caring responsibilities while ensuring job security.
To use this leave, notify your employer as soon as possible. Eligibility generally includes being a full-time or part-time employee (not casual) and having been with the company for a few months. The leave covers caring for family members or close friends, such as partners. For more details, check with your HR department.
Online Help and Advice
Visit our online support section where we have provided advice and guidance on a range of relevant topics to help you in your caring role.