Carer eligibility regulations
Needs which meet the eligibility criteria: carers.
(1) A carer’s needs meet the eligibility criteria if—
- the needs arise as a consequence of providing necessary care for an adult;
- the effect of the carer’s needs is that any of the circumstances specified in paragraph (2) apply to the carer; and
- as a consequence of that fact there is, or is likely to be, a significant impact on the carer’s well-being.
2. The circumstances specified in this paragraph are as follows—
- the carer’s physical or mental health is, or is at risk of, deteriorating;
- the carer is unable to achieve any of the following outcomes—
- carrying out any caring responsibilities the carer has for a child;
- providing care to other persons for whom the carer provides care;
- maintaining a habitable home environment in the carer’s home (whether or not this is also the home of the adult needing care);
- managing and maintaining nutrition;
- developing and maintaining family or other personal relationships;
- engaging in work, training, education or volunteering;
- making use of necessary facilities or services in the local community, including recreational facilities or services; and
- engaging in recreational activities.
(3) For the purposes of paragraph (2) a carer is to be regarded as being unable to achieve an outcome if the carer—
- is unable to achieve it without assistance;
- is able to achieve it without assistance but doing so causes the carer significant pain, distress or anxiety; or
- is able to achieve it without assistance but doing so endangers or is likely to endanger the health or safety of the carer, or of others.
(4) Where the level of a carer’s needs fluctuates, in determining whether the carer’s needs meet the eligibility criteria, the local authority must take into account the carer’s circumstances over such period as it considers necessary to establish accurately the carer’s level of need.
|Case Study 1: Deirdre (Not Eligible)|
|Deirdre is 58 and has been caring for her neighbour for the past six years. Deirdre has been coping with her caring responsibilities, which include checking in on her neighbour, doing her shopping and cleaning and helping her with the cooking every other day. Deirdre works 20 hours a week at the local school, and she is also helping her daughter by picking up her grandchild after school. Deirdre’s son is concerned that she is taking on too much and notices that she is tired. Deirdre’s son persuades her to ask the local authority for a carer’s assessment.|
|Caring responsibilities||Outcomes||Impact on wellbeing||Decision: Not Eligible|
|Neighbour with COPD.|
Deirdre enjoys the variety that her working life and caring role provide. She would like to
be able to spend more time with her grandchild in the afternoons, but recognises that there is a balance between doing this and caring for her neighbour. Deirdre’s needs impact on the following outcomes:
are impacting on
a few outcomes. Deirdre enjoys her caring responsibility for her grandchild and would like more free time.
On the other hand, her caring roles are fulfilling so although Deirdre is tired at the end of the day, her local authority does not think her wellbeing is significantly affected.
The local authority decides that Deirdre is not eligible because her wellbeing is not significantly affected.
The local authority recognises that Deirdre could do with some advice to help her manage her day so that she can find some time for herself and so she does not get tired. They advise on how she may reduce some of her tasks such as sitting down with her neighbour to order their food shopping online rather than carrying them home. They make contact with a local carers’ organisation and the local authority makes sure Deirdre is able to access it. The organisation is able to provide additional advice.
NOTE – our understanding of the Statutory Guidance is that this would be on Sam’s Support Plan but his mother would have to agree, and would be responsible for any payment required under the Authority’s Charging Policy.