For carers of adults
Under the Care Act the definition of a carer is broader than under the old law. The “substantial amount of care on a regular basis” requirement has gone.
Now, “Carer” means an adult who provides or intends to provide care for another adult (an “adult needing care”) (s.10(3)), except where someone provides or intends to provide that care in the course of their work (including voluntary work) (s.10(9)). However someone who is working as a carer may still be considered as a carer in the local authority’s discretion (for example if they are providing support which is over and above the formal care arrangement).
“care” in this definition includes “providing practical or emotional support” (S.10(11))
The threshold for a carer’s assessment (for a carer of an adult) is merely where it appears to a local authority that a carer may have needs for support (either currently or in the future) (s.10(1)).
There are national eligibility criteria for carers (Care Act Eligibility reglations). If found eligible, these give rise to a duty to meet a carer’s assessed eligible needs (s.20 Care Act).
For young carers of adults
The definition of ‘young carer’ is anyone under 18 who meets the “carer” definition above. Entitlement to assessment under s17ZA-B Children Act 1989 (as amended by Children and Families Act 2014 s.96) which must include an assessment of whether it is appropriate for the young person to provide care.
Also entitled to transition assessment under s.63 Care Act for potential services as an adult carer in advance of turning 18.
For carers of children
Parent/Carer assessment under 17ZD-F Children Act 1989 (as amended by Children and Families Act 2014 s.97). “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.
The threshold for a parent carer’s assessment is the appearance of need or a request for one. The local authority must also be satisfied that the disabled child and their family are persons for whom they may provide s.17 Children’s Act services. i.e. that the disability meets the s.17 Children Act definition.
However a parent/carer assessment only gives rise to a duty to consider whether to provide services to meet parent/carer needs under s.17 Children Act and to have regard to the wellbeing (S.1(2) Care Act) of the parent in making that decision.
Also entitled to transition assessment under s.60 Care Act for potential services as a carer of an adult in advance of the disabled child turning 18.