I need help with an elderly relative

Steps to follow

If you have an elderly relative who increasingly needs looking after and you’re responsible for sorting out their care, you must first decide where they are going to live. The options are that they:

• Stay in their own home - this gives them more independence and privacy but there would be nobody to hand if they hurt themselves and it could mean a lot of to-ing and fro-ing for you
• Go into sheltered accommodation – again there’s a certain amount of independence, such properties are designed with the elderly in mind and there may be a warden available (although there probably won’t be one on site full-time).
• Live with you – you and your relative would lose some privacy and you’ll probably have to go through the hassle of converting elements of your home. This could be funded by the sale of the relative’s old home though (if they had one).
• Enter a residential/nursing home – you hand over the care to professionals but finding and funding a good one can be tricky and expensive.

If you decide to shoulder the caring burden yourself, there is help – financial and otherwise – that you might be entitled to from your local authority and other bodies. Financial help could include:

• Carer's Allowance – you may be eligible for this if you care for someone at least 35 hours a week and they receive Attendance Allowance, Disability Living Allowance, or Constant Attendance Allowance. You can’t get it if you’re in full-time education or earn more than £95 net per week. The weekly rate is £ £53.10 but you’ll get less than this if you’re receiving other benefits – even your state pension. Extra money may be forthcoming if your caring role means someone else has to look after your children.
• Income support - If you’re claiming Income Support and you’re also entitled to Carer's Allowance, you may be able to get a carer premium which means more Income Support.
• Direct payments – you may be able to get cash payments to buy what you need in your caring role, instead of the local authority providing such services directly. This could include things like domestic help and support to help maintain your health and well-being such as driving lessons or a holiday.
• Home Responsibilities Protection (HRP) – if you don’t have enough National Insurance contributions or credits in a tax year because you’ve been caring for someone, HRP can protect your right to State Pension. If you’re entitled to Carer's Allowance or get Income Support and don’t need to register for work because you’re caring for someone, you’ll be credited with NI contributions automatically and won’t need HRP. Otherwise, you need to apply for each tax year in which you need it.
• Council tax reduction - You may be entitled to a reduction in your Council Tax if the elderly relative you look after (not a spouse) lives in the same property as you and you provide them with at least 35 hours care per week.
• The Motability Scheme – this helps disabled people buy or lease a car at an affordable rate. If you care for someone who doesn’t drive, they can apply to buy/ lease a vehicle through the scheme with you as their driver.
• Blue Badge parking scheme - a disabled person who doesn’t drive can nominate you as their driver so that you can use their Blue Badge when ferrying them around.
• Disabled Persons Railcard - if you’re caring for an adult who has such a card, you can get the same discount as them when you are travelling with them.

Every carer has the right to an assessment by their local social services department. This will ascertain what services you might be entitled to (if any) to help support you in your carer role. As well as the financial benefits outlined above you may be able to get emotional support and practical help such as breaks, help with cleaning, equipment or alterations to the home. To prepare for the assessment, list everything you do for the person you care for and what effect the caring has on you. Someone can accompany you to the assessment which can be carried out at your home or at the home of the person you’re caring for.

After the assessment is carried out, the local authority will examine both this and the community care assessment of the person you care for, and will come up with a care plan outlining the help they are prepared to provide. Your income and capital will be taken into account in deciding which care services, if any, you may be charged for.

If you work and also care for an elderly relative you have the right under the Employment Act 2002 to ask for flexible working arrangements which your employer must consider. Flexible working arrangements could include: working from home; flexible starting or finishing times; compressed working hours; job-sharing or part-time working; or flexible holidays. You’re also allowed to take time off work – albeit unpaid – if there’s an emergency.

What to watch out for

Going back to work after acting as a carer may have an impact on any entitlements and benefits you receive as a carer. The amount of hours you do, how much you earn and your savings will be taken into account.

Solicitor’s top tip

Local authorities have a duty under the Carers (Equal Opportunities) Act 2004 to ensure that all carers are aware that they are entitled to an assessment of their needs, and to consider a carer's outside interests - work, study or leisure - when carrying out an assessment. If you’re not happy with the way the assessment was carried out, or you don’t think you’re getting the support and services you need, go through the complaints procedure at your local social services department.

Useful links

Free advice

www.carersuk.org
www.helptheaged.org.uk
www.ageconcern.org.uk
www.lawcentres.org.uk
www.citizensadvice.org.uk
www.communitylegaladvice.org.uk

Online services

www.motability.co.uk/main.cfm
A to Z of local councils
www.dwpe-services.direct.gov.uk/en/benefitsadviser
Claim Income Support online 
Jobcentre Plus

Useful articles

How to get access to and manage the estate of a deceased loved one
Estates planning
Rights of carers
Overview of retirement
I have a benefits issue