Know Your Rights as a Carer
Legal rights and support for unpaid carers, including workplace rights, financial support, and local authority assessments.
Overview
An estimated 5.7 million people in England & Wales are unpaid carers — looking after family members, friends, or neighbours who are older, disabled, or seriously ill. Carers have specific legal rights under the Care Act 2014, the Employment Rights Act 1996, and the Equality Act 2010. Many carers are unaware of available support, including Carer's Allowance, carer's assessments, respite care, and workplace flexible working rights.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves know your rights as a carer.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
Request a Carer's Assessment
Under the Care Act 2014, carers have the right to request an assessment of their needs from the local authority, regardless of the level of care they provide. The assessment considers the carer's physical, mental, and emotional wellbeing, and whether they are able or willing to continue caring.
- Contact your local authority's adult social services department
- The assessment should be carried out within a reasonable time
- You can have an assessment even if the person you care for refuses a needs assessment
- Eligible needs must be met by the local authority
Understand Workplace Rights
Carers have the right to: request flexible working (all employees with 26+ weeks' service), take reasonable time off for emergencies involving dependants (s.57A ERA 1996), and protection from indirect discrimination if caring responsibilities disproportionately affect a group sharing a protected characteristic.
- You don't need to be the only carer — the right applies even if others also care
- Emergency time off for dependants is unpaid but protected
- Your employer must consider flexible working requests seriously
Apply for Financial Support
Carer's Allowance: £81.90/week (2024/25) if you care for someone for 35+ hours/week and they receive PIP daily living, DLA middle/higher rate care, or Attendance Allowance. You must not earn more than £151/week net. Other benefits may also be affected.
- Carer's Allowance can affect the cared-for person's benefits — get advice first
- You can get National Insurance credits even if you don't qualify for Carer's Allowance
- Check entitlement to Universal Credit carer element
Access Respite and Support Services
Local authorities must consider carers' need for breaks from caring. Services may include: respite care, day services, sitting services, peer support groups, and carers' centres.
- Carers UK has a helpline: 0808 808 7777
- Many areas have local carers' organisations offering practical support
- Direct payments can give you more control over support arrangements
Costs
Important Warnings
Carer's Allowance is counted as income for means-tested benefits and may affect the cared-for person's benefits.
If the person you care for enters hospital for more than 28 days, your Carer's Allowance may be affected.
Your employer cannot refuse to consider a flexible working request — they can only refuse for specified business reasons.
Useful Links
Frequently asked questions
- How long does the know your rights as a carer process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Within 4–6 weeks of request"; "As needed"; "Apply as soon as eligible"; "Following carer's assessment". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: Carer's assessment — Free; Carer's Allowance — £81.90/week (2024/25); Carers UK helpline — Free. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: Carer's Allowance is counted as income for means-tested benefits and may affect the cared-for person's benefits.; If the person you care for enters hospital for more than 28 days, your Carer's Allowance may be affected.; Your employer cannot refuse to consider a flexible working request — they can only refuse for specified business reasons.. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: Carers UK; Gov.uk — Carer's Allowance; Local Authority — Find Your Council. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.