The Care Act and Carers

Yolaine Jacquelin, KCC Policy Officer Steve Lusk, KCC Commissioner

General principles

• Concept of “Wellbeing” underpins the Care Act

• Carer now defined as: an individual who provides or intends to provide care for another adult

• Carers are treated on an equal basis to the person they care for: right to information and advice, right to an assessment (based on appearance of needs), a personal budget and support plans (dependent on eligibility).

Assessment

Before April 2015: • Carers could request a

carer’s assessment

• Threshold for getting an assessment: A carer needed to provide regular and substantial care to someone.

• No family assessments available for adults

Now : • LA has a duty to assess on

appearance of need for support

• Carer no longer needs to provide regular and substantial support to get an assessment.

• Combination of needs assessments if all parties agree

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Content of assessment A carer’s assessment must explore:

The carer’s needs for support and sustainability of caring role

What the carer would like to achieve or maintain (outcomes)

Impact on the carer’s activities beyond their caring responsibilities, including the carer’s: Desire and ability to work Ability to partake in education, training or recreational

activities Opportunities to have time to themselves

Eligibility criteria After the assessment, the local authority will determine whether

the carer has eligible needs

The Act introduces a national carers’ eligibility threshold:

1. whether the carer’s needs are due to providing necessary care for an adult

2. whether those needs puts the carer’s health at risk or means that they are unable to achieve any of specified outcomes; and

3. as a consequence there is, or is likely to be, a significant impact on their wellbeing

1. Necessary care • If the carer is providing care and support for needs which the adult is capable of meeting themselves, the carer may not be providing necessary support.

• If so, LA should provide information and advice about how the adult can use their own strengths or services available in the community to meet their needs.

2. Specified outcomes: 8 of them

1. Carrying out any caring responsibilities the carer has for a child

2. Providing care to other persons besides the care you give to the person with care and support needs

3. Maintaining a habitable home environment

4. Managing and maintaining nutrition

2. Specified outcomes (ctd.)

5. Developing and maintaining family or other significant personal relationships

6. Engaging in work, training, education or volunteering

7. Making use of necessary facilities or services in the local community

8. Engaging in recreational activities

2. “Unable to achieve outcomes”

• Is unable to achieve the outcome without assistance

• Is able to achieve the outcome without assistance, but doing so causes or is likely to cause significant pain, distress or anxiety

• Is able to achieve the outcome without assistance but doing so is likely to endanger the health and safety of the carer or any adults or children for whom the carer provides care

3. Significant impact on wellbeing

• No definition of “significant”

• LA to consider whether the carers needs and their inability to achieve the outcomes will have an important, consequential effect on their daily lives, their independence and their well-being

Next steps

Assessment

• What are the needs and outcomes the person wants to achieve?

Eligibility determination

• Are the person’s needs eligible?

Met needs

• What needs can be/are being met through non-service provision?

Unmet needs

• Are included in the personal budget

Record-keeping and informing carers

• Where the carer does not have any eligible needs, the local authority must provide:

– Reason for the decision – Information and advice on what support might be

available in the wider community; or – What preventative measures might be taken to

prevent or delay the condition progressing

Support plans

• Duty on the LA to provide support for ‘unmet eligible needs’ that have been assessed.

• Carer has the right to a support plan, personal budget, direct payments

• LAs have power to charge both carers and users but…

• Carers cannot be charged for services to their relatives

What this means for you

• Contact either your Carers CMA in KMPT or your local carers organisation

• You will get support, and dependent on eligibility, this could be: – relevant information and advice if that’s what you want– access to community services– A one-off sum of money to purchase something to

make your caring role easier – An ongoing Direct Payment to pay for a regular activity

And finally…

Kent will not charge carers for services directly given to them

Kent will continue to charge the cared for person, subject to financial assessment and specific conditions

Carers organisations are well placed to support you and/or and signpost you to services you may not know existed so please do not hesitate to get in touch with them