If it is a service provided to the service user (e.g. Respite Care) then it must be charged to the service user and not to the carer (Care Act s14(3) and Guidance 8.49). The adult cannot be compelled to accept a service, however.
However, the fact that the service is being provided can be included in a carer’s plan as one of the ways in which their needs are being met.
However, the provision for carers under the Care Act is far broader than previously. The Carer’s Eligibility Criteria and related sections of the Guidance, clearly envisage the provision of services (such as cleaning in the carer’s own home; childcare for the carer’s children) to support the carer to manageably sustain their caring role if they are willing and able to do so, rather than offering only substitute care for the adult. Those types of services (i.e. provided to the carer themselves) are carer’s services and may be charged to the carer (subject to financial assessment of course).
It is important to bear in mind however that: “Councils may not decide that a carer is the service recipient and therefore subject to a charge, purely on the grounds that a user is exempt from charges or has an assessable income which is less than that of the carer.”
The Care Act Guidance also points out that charging for carer’s services is a policy decision which needs careful consideration ““Local authorities are not required to charge a carer for support and indeed in many cases it would be a false economy to do so. “”Ultimately, a local authority should ensure that any charges do not negatively impact on a carer’s ability to look after their own health and wellbeing and to care effectively and safely.” Guidance 8.50
The potential financial gain from charging for carer’s services has, therefore, to be weighed against the potential costs of care for the adult if the carer is unable to continue to care.