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    Carer’s Week 2024: Legal rights for carers explained

    11:39, 11/6/2024

    Home » News & Knowledge » Carer’s Week 2024: Legal rights for carers explained

    Carer’s Week is here to highlight the challenges unpaid carers face every day and recognise the contribution they make to family, friends and society.

     

    Statistics show there are more than 7 million carers in the UK today, who look after family or friends who have a mental or physical disability or illness, addiction, or needs extra help as they get older.

     

    Carer's Week 2024

     

    However, in many cases, carers sacrifice their wellbeing, careers and livelihoods to look after their loved ones. Carer’s Week is here to recognise what they do and highlight the important role they play.

     

    Helen Walker, chief executive of Carers UK said:

    “We want carers to know they are not forgotten, and they are not alone. The dedicated, committed support unpaid carers provide day in and day out has been valued as the equivalent of a second NHS, but often carers tell us that they feel unseen and undervalued.

    “Many are at breaking point, facing challenges managing caring alongside their own health and wellbeing – with 78% of carers worried about being unable to care in the future.

    “Recognition for carers in their communities and at national government level during an election year has never been more important – making Carers Week a vital opportunity to put carers on the map.”

     

    This year, the theme of Carers Week is ‘Putting Carers on the Map’ to give those who help a voice and increase the visibility and support they deserve. We have broken down everything you need to know about Carers and their legal rights.

     

    Who is a carer?

    A Carer is someone who provides unpaid support to someone who can’t live independently or whose health or well-being would deteriorate without help.

    This could be due to a disability, health condition, mental health or substance abuse.

    Carers can be a mother, father, son, daughter, relatives, friends or neighbours. Equally, children and young adults can also be carers for their own parents. It is thought as many as one in five children are young carers today.

     

    Why do people become carers?

    People become carers for different reasons, but some say they feel they have no choice but to step into the role.

    In some cases, a relative may become ill over time and you have no other option but to step in to look after them, meanwhile, in other cases, it might happen suddenly after a relative or friend has a serious accident so they can no longer care for themselves or receive a medical diagnosis.

     

    Carer Statistics

    A new report published in 2024, titled ‘No Choice but to Care’ highlights some shocking statistics affecting carers of all ages.

    Some of the key stats include.

    • 44% of working-age adults who are caring for 35 hours or more a week are in poverty
    • On average, 600 people a day leave work to care – with over 500,000 people leaving work to provide unpaid care pre-pandemic
    • More than three-quarters of all carers (79%) feel stressed or anxious, half (49%) feel depressed, and half (50%) feel lonely
    • The 2021 ONS census reported that there are around 120,000 young carers aged 5-18 in England, while the school census in 2023 suggested that there were 39,000 ‘known’ young carers in the country.

     

    Carer’s Allowance

    Carers who spend at least 35 hours caring for someone who is receiving a qualifying disability benefit, may be entitled to claim Carer’s Allowance. However, you need to meet this criteria:

    • Spend at least 35 hours a week caring for someone who is receiving a qualifying disability benefit (see below). You don’t have to live with them or be related to them
    • Be 16 years old or over
    • Not be in full-time education
    • Earn £151 or less per week after tax (2024-25). The £151 is ‘earned’ income only, so doesn’t take into account other state benefits you receive

     

    The person you care for must receive one of the following benefits:

    • Personal Independence Payment (PIP) – Daily living component
    • Disability Living Allowance (DLA) – The higher or middle-rate care component
    • Attendance Allowance
    • Child Disability Payment – The middle or highest care rate
    • Adult Disability Payment – Daily living component at the standard or enhanced rate
    • Armed Forces Independence Payment (AFIP)

     

    How much is Carer’s Allowance?

    Carer’s Allowance in 2024 is £81.90 per week. However, claiming a Carer’s Allowance may affect other beneficial rights such as claiming your state pension. For more information on this, visit the government website.

     

    Carers and Employment

    There are some employment laws in place to help working carers manage both their careers and their caring duties at home. We have broken down some of the laws and regulations in place.

     

    Flexible Working

    All employees based in England, Wales and Scotland have a right to request a flexible working arrangement from the first day of employment.

    You can also make two requests over a 12-month period. This new right became law from 6 April 2024.

    Flexible working requests should be made in writing with details of the revised working pattern you are seeking. It is recommended that you state that it is a statutory request.

    Employers must agree to a flexible working request unless there is a genuine business reason not to.

    Examples of flexible working include Home or remote working, working staggered hours, hybrid working, shift working, job sharing, working compressed hours, flexi-time, term-time working, part-time working and working annualised hours.

     

    Carer’s Leave

    Employees based in England, Wales and Scotland have the right to take a week’s unpaid carer’s leave per year. This is available to request from your first day of employment.

    You will need to be providing care for a dependant such as a relative, partner, friend or child who depends on you for their care needs. Their needs could be physical or mental because of a disability, health condition, illness or old age and they will be expected to need care support for more than three months.

     

    Right to time off in emergencies

    All employees have the right to take a ‘reasonable’ amount of time off work to deal with an emergency or an unforeseen matter involving a dependant.

    This may be your partner, child or parent, or someone living with you as part of your family – others who rely on you for help in an emergency may also qualify. The time off is unpaid unless your employer is willing to give paid time off as a contractual right.

     

    Protection from discrimination

    If you are look after someone who is elderly or disabled, the law – under the Equality Act 2010 – will protect you against direct discrimination or harassment because of your caring responsibilities.

    This is because you are counted as being ‘associated’ with someone who is protected because of their age or disability. This law applies in England, Wales and Scotland.

    Parental leave

    If you have worked for the same employer for 12 months or longer and you are responsible for a child or children aged under 18, you are entitled to 18 weeks’ leave per child. This must be taken by their 18th birthday.

    This time off is unpaid unless your employer is willing to give paid time off as a contractual right.

    To qualify for this right, you would need to be legally classed as an employee and listed as a parent on the child’s birth certificate, have parental responsibility through adoption or have acquired legal responsibility for looking after the child. It is separate from maternity, paternity or adoption leave.

     

    Child and young carers

    Shocking statistics show that there are almost 150,000 young carers across England and Wales, who spend over 50 hours per week caring for a loved one. From these statistics, 3,000 of these carers are aged between five and nine.

    Studies show that over a quarter of young carers aged between 11-15 regularly miss school, and 23% said their caring role had stopped them from making friends.

    Young carers take on the responsibilities of an adult, such as cooking, cleaning and shopping. They may also assist with physical care like helping someone out of bed, personal care or managing the family budget. They may also need to assist with looking after siblings or young relatives.

    However, it is often the case that young carers are not aware of the support available to help them.

     

    Support for carers

    Support is available for carers to get help and advice and meet other people in a similar situation. Here are some of the charities and groups available to help:

     

    Further reading

    Employment Terms and Conditions and Breach of Contract – Oakwood Solicitors

    Workplace discrimination – Oakwood Solicitors

     

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    Meet the author

    Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024. Fiona has over 20 years of ex…

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