The Care Act tells local councils across England what they need to do if someone needs social care support.
It also tells councils what they have to do if they know someone is caring for a family member or friends and needs support as a carer.
7 key things about The Care Act
- Local authorities must always put people's wellbeing at the heart of its decision making.
- Local authorities have new duties to provide information and advice; for example about how the system works, how to manage the financial aspects of meeting care needs, and especially how to help prevent, delay or reduce the need for care and support - to keep people as healthy and independent as possible.
- Carers now have similar
rights
Rights are the things everyone should be allowed to do like have a say, or go to school.
to services to the people they care for, including the right to an
assessment
An assessment is a way of finding out what help a person needs. When you have an assessment, you might have to go to a meeting or fill in a form.
. - There are new national eligibility criteria to decide who is eligible for care and support from the local authority.
- More people will have the right to an
advocate
An advocate is a person who can help you have your say. An advocate can speak up for you if you find it hard.
if they find it difficult to communicate or to understand something. - There are new rules to make it easier for people to keep getting care and support if they move house to a different local authority area.
- If you get social care support, you will now have a right to request a personal
budget
A budget is a plan where you look at how much money you have and how you will spend it.
if you're not offered one.
Want to know more?
Read the Department of Health's factsheets on the Care Act.
Read the Department of Health's PDF easy read guide on the Care Act.
3 rights every carer should know about
If you care for a disabled adult, you'll be glad to know that the Care Act strengthens your rights.
Here are 3 keys rights you should know about:
- A carer will be entitled to an assessment if it appears that a carer needs support. The carer's assessment must establish whether the carer is willing and able to continue providing care to the person they are caring for, what impact this has on the carer's wellbeing, what outcomes the carer wishes in day-to-day life, and whether the carer wishes to access
education
Education is when you learn things. When you fill in a form to get a job, education means you write where you went to school, college or university.
, training or recreational activities. - The carer will have the same rights to an assessment and support as the disabled adult themselves. Therefore, once a carer's assessment has been carried out, the local authority will see which of the carer's needs are eligible for support, and will then produce a support plan to meet the carer's needs.
- Local authorities are under a duty to meet a carer's eligible needs, subject to financial assessment.
Support for carers
Useful resources
We've created the following factsheets to help you with the benefits application, Care Act assessment and follow-up process:
Delays in receiving benefits (PDF, 52 KB) - this factsheet explains the options that may be available to you whilst you're waiting for your first payment.
Mandatory reconsiderations (PDF, 48 KB) - this factsheet explains what to do if you wish to challenge a benefit decision.
Reasonable adjustments (PDF, 425 KB) - this factsheet explains what changes should be made by the Job Centre and DWP for people with a
learning disability
A learning disability is to do with the way someone's brain works. It makes it harder for someone to learn, understand or do things.
who are looking to claim benefits.
What happens next (PDF, 367 KB) - this factsheet sets out what should happen after your Care Act assessment.
Reviews and new assessments (PDF, 219 KB) - this factsheet is for people who already receive care and support through a package of social care and what they can expect from the review and assessment process.
Direct payments (PDF, 72 KB) - this factsheet explains how people with a learning disability and their families can receive
direct payments
Direct payments are when the money for your care and support, or benefits, is paid to you.
to arrange their social care support themselves.