Understanding the Care Act 2014 – Your Rights for Care

If you’re navigating elder care or support services in England, you’ve likely heard references to the Care Act 2014. This important law overhauled adult social care to make it more consistent and fair. But what does the Care Act mean for you and your family in practical terms? In this article, we break down the key rights and provisions under the Care Act 2014 that every family caregiver or older person should know. From your right to a council assessment of needs, to how local authorities decide who qualifies for help (and who pays for it), to new entitlements for family carers – understanding these can help you ensure you get all the support you’re entitled to. We’ll keep it simple and focus on the points most relevant to families arranging care.

(Note: The Care Act 2014 applies to England. Scotland, Wales, and Northern Ireland have their own laws and may differ. If you are elsewhere in the UK, you’ll need to refer to the relevant legislation for your country.)

Right to a Needs Assessment for Anyone Who Needs Care

One of the cornerstone principles of the Care Act is that any adult who appears to need care or support has the right to a needs assessment from their local authority (council) – regardless of their financial situation or whether the council thinks they will qualify for funded services . In plain terms, if you or your loved one might need help with daily living (like washing, dressing, cooking, mobility, etc.), you can contact your council’s adult social care department and request a care needs assessment. This assessment is free of charge and available to everyone .

During a needs assessment, a social worker or care assessor will talk with you (and the person needing care) about your daily life, what you’re struggling with, and what outcomes you want to achieve. They’ll look at various aspects such as your ability to manage personal hygiene, nutrition, your home environment, and involvement in work or community. The Care Act introduced national eligibility criteria – a clear threshold of what qualifies as having eligible needs for support. In essence, if difficulties in those areas have a significant impact on your well-being and you have at least two areas of difficulty (like personal care and managing nutrition), you will likely meet the eligibility criteria.

Key things to know:

The assessment is about needs, not money. They won’t ask about your finances until after they determine what your needs are and whether those needs are “eligible” for help. So even if you suspect you have too much in savings to get financial help, still get the assessment because it’s your gateway to advice, support planning, and other services.

You can have someone with you. It’s a good idea to have a family member or advocate present during the assessment to help ensure you communicate everything and understand the process (and simply for moral support).

Outcome of Assessment: You should be given a written report of your needs and whether they meet the eligibility criteria. If you are eligible, the council then has a duty to help meet those needs (we’ll cover how in a moment). If you are not eligible, the council must still provide information and advice on what else might help you. They shouldn’t just leave you with nothing.

In summary, under the Care Act, no one should be denied an assessment. So use this right! It can be a first step to unlocking various forms of help, from equipment to carer visits, even if you’ll end up arranging services privately.

(For more on how to request and prepare for a needs assessment, see our Guide 5: The Care Act 2014 – A Family Guide, which offers step-by-step advice.)

Financial Assessment and Care Funding Rules

Once needs have been assessed and found eligible, the next question is about funding: will the council pay for or contribute to the cost of meeting those needs, or will you pay privately? This is determined by a financial means test (financial assessment), also governed by Care Act regulations.

The Care Act set national thresholds for savings and assets when determining eligibility for council funding:

If the person needing care has savings or assets above £23,250 (upper capital limit for 2022-23, may adjust slightly over time), they will be considered a self-funder and expected to pay the full cost of their care . The value of one’s home is not counted in this if you are receiving care at home (it’s only counted for residential care means-tests, and even then not if a spouse is still living there).

If assets are below £14,250 (lower capital limit), the council will ignore assets in the means test and only consider income. At this level, generally, the council covers care costs except for a portion of your income that you might contribute (like your pension, minus a protected amount for personal expenses).

If assets are between £14,250 and £23,250, you’ll pay a sliding scale. Essentially, for every £250 above £14,250, you’re assumed to contribute £1 per week from capital. This is called “tariff income.” The council will calculate how much you should contribute and how much they will.

Additionally, even if your assets are above £23,250, the Care Act allows you to ask the council to arrange services for you (except residential care) if you’re willing to pay for them, and the council can charge a fee for arranging it . This can sometimes get you better rates through council block contracts or just take the admin off your shoulders.

The key here is transparency and fairness. Before the Care Act, different councils had varying practices. Now it’s standardized. If you are found eligible for support but are a self-funder, the council should give you a care plan and you can still tap into their guidance. If you’re eligible and below the financial threshold, the council will work out a personal budget – how much money is needed to meet your care needs – and will either provide services or give you that budget as a direct payment to arrange your own care.

A few more points:

Care Cap: The Care Act included plans for a cap on care costs (a limit to how much an individual pays over their lifetime), but implementation has been delayed multiple times. As of the time of writing, there isn’t an active care cap. Keep an ear out for any updates on this in coming years as the government still discusses it.

Top-Ups: If the council is paying for care but you want a more expensive option than they’ll fund (for instance, a more costly care home or extra services), you or a family member can pay the difference as a “top-up.” However, for home care, top-ups are less common since care can be tailored to budget usually.

Deferred Payment Agreements: If your loved one does eventually need residential care and has a house but not liquid cash, the Care Act requires councils to offer deferred payment agreements – basically a loan against the property value so they don’t have to sell the home quickly to pay for care. For home care, as mentioned, the house isn’t counted so this specific tool isn’t needed unless entering a care home.

Understanding these financial rules can help you plan. For example, if your elder parent’s savings are close to £23k and care needs are growing, you might strategize how to approach paying for care so that once they dip below that, the council can step in for some costs. (Be mindful: deliberate deprivation of assets – giving away money to fall under the limit – can be penalized by councils, so seek advice before moving around finances for eligibility.)

Personal Budgets and Care Plans

Under the Care Act, anyone who is eligible for support from the council should be provided with a personal budget and a care plan. The personal budget is an important concept – it’s an allocation of funding that the council calculates is needed to meet the person’s assessed needs.

For example, after assessing John, the council determines he needs one hour of care each morning and a meal delivery each day. They estimate this would cost £200 per week. That £200/week is John’s personal budget. If John qualifies for council funding (low assets), the council will cover that amount (minus any contribution from John’s income like pension). If John is a self-funder, the council still tells him the personal budget amount, which is essentially the target cost of meeting his needs in the care plan.

John then has options:

The Care Act emphasizes choice and control – hence personal budgets and direct payments empowering individuals to shape their own care.

Even if you’re not getting council funding, you still should receive a care plan after assessment detailing recommended support. For private payers, that care plan is useful as a blueprint for what services to line up.

Also worth noting: the Care Act requires councils to provide information and advice about care and support for all residents, including self-funders . So even if you pay privately, your council should advise you on local services, how to find carers, etc. Prime Eldercare and other agencies often work in tandem with such advice – for instance, a council may give someone a list of accredited introductory agencies if they prefer that route.

Support for Carers (Family Caregivers)

A groundbreaking aspect of the Care Act 2014 is that it put carers (i.e., people who provide unpaid care to family or friends) on an almost equal footing with the people they care for. For the first time, family carers have strong rights to assessments and support in their own right.

If you are a caregiver for an elderly or disabled person, you can request a Carer’s Assessment from the council. You don’t have to be living with the person or be the only carer – any regular unpaid caregiver has this right. The Carer’s Assessment looks at how caring affects you, what support you need to maintain your well-being, and whether you’re able and willing to continue in your role.

Important points for carers under the Act:

The carer’s assessment can be done separately or together with the needs assessment of the person cared for, whichever you prefer. It’s free as well .

There are eligibility criteria for carers too. They consider if your caring role is having a significant impact on aspects of your life (like your health, work, social activities). If the criteria are met, the council may provide services or support to you.

Services for carers could include things like arranging respite care (e.g., funding replacement care so you can take a break), providing training or advice (like safe moving and handling techniques), or even things like paying for a gym membership to help you relieve stress. Most commonly, support is via respite or a direct payment to the carer to spend on something that helps them in their role.

Many councils do not charge carers for the support provided to them , recognizing that carers save the state a lot by providing care. The Act gave councils power to charge for carer services, but in practice few do because it’s counterproductive. So if, say, the council agrees to fund a few hours of someone coming in to sit with your mum so you (the carer) can go out, they typically won’t charge you for that service (they might consider it a service to the cared-for person though, it can vary who they attribute it to, which could affect charging – this gets technical).

Carer’s assessments are available even if the person you care for hasn’t had or doesn’t want an assessment. You as a carer can still get one separately .

Young carers (under 18) and carers of children with disabilities have similar rights under related laws (Children and Families Act), but that’s another scope.

If you’re caring for someone, don’t overlook your rights. Getting a carer’s assessment could be the route to some funded respite hours each week, which can make a huge difference. Councils might also direct you to local carers support groups or charities.

(See Guide 12: Carer’s Assessments & Support for Family Caregivers for a detailed look at how to apply for a carer’s assessment and what help you might get.)

Well-being Principle and Person-Centered Care

The Care Act established a legal “well-being principle” that must guide all care and support decisions. In essence, local authorities must promote the well-being of the individual in everything they do, including assessments, care planning, and provision of services. Well-being covers a broad range of outcomes: personal dignity, physical/mental health, control over daily life, participation in society, domestic and family relationships, housing, and safety (protection from abuse/neglect).

What this means for you:

Assessments (needs or carer’s) should be holistic, looking at the bigger picture of life, not just a list of tasks someone can’t do. You should feel that the assessor takes time to understand what matters to the person – their interests, goals (maybe “staying in my own home” or “keeping in touch with friends”), and not just basic survival needs.

Care planning should involve you/your loved one’s input at every stage. It’s not about the council telling you what you get; it’s a collaborative process to meet needs in a way that aligns with the person’s preferences as much as possible.

There is an emphasis on preventative services and reablement. Councils should help people maintain or regain independence. For instance, they might offer a reablement service (short-term intensive support to improve skills, like after a hospital discharge) before setting a long-term care plan, to see if long-term care can be reduced or delayed by helping the person become more self-sufficient. This is in line with well-being – the highest well-being might be needing less care if possible.

Additionally, the Act addresses safeguarding. Councils have a duty to protect adults at risk of abuse or neglect. So if you ever suspect an elderly person is being abused (financially, physically, etc.), the Act obliges the council to investigate and act. As a family member, knowing this, you can and should report any serious concerns to adult safeguarding at the council or through the carer’s channels.

How Prime Eldercare Aligns with the Care Act

You might wonder, since Prime Eldercare is an introductory agency (private sector), why we’re discussing legislation about local authorities. The fact is, we operate within the same ecosystem and share the goal of improving clients’ well-being and autonomy. We often work with clients who have had a council assessment or who are using a direct payment to hire a carer.

Our approach is very much person-centered, echoing the Care Act’s ethos:

Holistic Understanding: When we consult with a new client, we take time to understand not just the basic care needs but also their lifestyle, routine, and personal wishes. This helps us match the right caregiver and set up support that truly benefits overall well-being (for example, if someone loves gardening, we’ll aim to find a carer who will gladly spend time outdoors with them).

Supporting Carers: We know family carers are crucial. We encourage carers to get their entitlements – many who come to us privately don’t realize they can get a carer’s assessment or some respite help. We’ll gladly point you in the right direction with the council for that. Also, when our introduced carers step in, that inherently gives family carers respite and support they desperately need.

Flexibility and Control: Prime Eldercare’s model gives clients control (you choose your carer, you direct their tasks day to day). This aligns with the Care Act’s personalisation agenda – even if you’re not using council funds, you have the freedom to shape the care to your own routines and preferences.

Quality and Safeguarding: We hold ourselves to high standards akin to regulated agencies. Our vetting and monitoring of caregivers, and checking in with clients, helps ensure safety and quality. If ever a safeguarding issue arose with a carer, we would take immediate action in line with best practice (including informing appropriate authorities). We mention this to reassure that being outside CQC regulation does not mean outside all frameworks of quality – we are very much guided by CQC’s fundamental standards and the well-being principle in how we conduct our service.

In Summary: Empower Yourself with Knowledge

The Care Act 2014 fundamentally is about making the care system fairer and more centered on people’s needs and choices. By knowing your rights under this law:

Caring for an older adult is challenging, but legislation like the Care Act is there to back you up. Don’t hesitate to reference it when talking to social workers or care coordinators – it shows you’re informed. For example, you could say, “Under the Care Act, I understand I’m entitled to an assessment” or “As a carer, I believe I meet the criteria for support and would like to explore that.”

If you need further guidance on dealing with the council or understanding the nitty-gritty of the Care Act, feel free to reach out to organizations like Age UK or Carers UK who have excellent factsheets, or contact us at Prime Eldercare. We’re not lawyers, but we are very familiar with the practical side of how the Care Act works day-to-day and can often point families in the right direction.

Next Steps (Call to Action)

Choosing a home care provider is a significant decision that can impact your loved one’s comfort and safety. Take the process one step at a time and trust your instincts. By doing your research and asking the right questions, you’ll be able to find a carer or service that feels right.

If you’re ready to start this journey, reach out to Prime Eldercare or one of the providers you’ve shortlisted to schedule an initial consultation. Even an informal chat can provide clarity and direction. You might also find it helpful to read our Guide 6: How to Choose a Caregiver or Care Agency – Step by Step, which includes a handy checklist of questions and things to consider when evaluating carers.

Above all, remember that the objective is to ensure your loved one receives compassionate, competent care that improves their quality of life. With that goal in mind and the information from this guide, you are well-equipped to make a choice that you can feel confident about.

Feel free to contact Prime Eldercare anytime for advice, even if you’re not yet sure what you need. We’re here to help you navigate the home care landscape and find the ideal solution for your family.

(See also Article 8: Ensuring Quality in Home Care – Vetting and Standards, for more on
what makes care high-quality and how to maintain standards once you’ve chosen a provider.)