Carers: assessments and services

1Right of carers to assessment

(1)

Where—

(a)

the carer of an adult requests an authority to carry out an assessment of the carer's ability to provide and to continue to provide care for the person cared for; and

(b)

the authority is satisfied that the person cared for is someone for whom it may provide F1social care,

the authority shall carry out such an assessment.

(2)

Where—

(a)

an authority carries out an assessment under the 1972 Order of the needs of a person for F1social care; and

(b)

a carer of that person requests the authority, before it makes a decision as to whether the needs of that person call for the provision of any F1social care, to carry out an assessment of the carer's ability to provide and to continue to provide care for that person,

the authority—

(i)

shall carry out such an assessment; and

(ii)

shall take the results of that assessment into account in deciding what, if any, F1social care to provide to that person.

(3)

Subsections (1) and (2) do not apply if the carer provides or will provide the care in question—

(a)

by virtue of a contract of employment or other contract with any person; or

(b)

as a volunteer for a voluntary organisation.

F2(4)

An assessment under this section is to be carried out in such manner, and is to take such form, as the authority considers appropriate; but this is subject to any directions given to the authority under paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991.

(5)

For the purposes of an assessment under this section, the authority may take into account, so far as it considers it to be material, any other assessment made under this section or Article 18A of the Children Order.

(6)

Section 8 of the Disabled Persons (Northern Ireland) Act 1989 (c. 10) (duty of authority to take into account ability of carer of disabled person) does not apply in any case where an assessment is made under subsection (2) in respect of the carer in question.