Rights of Unpaid Carers in the UK

There are over 10.6 million unpaid carers across the UK — most don't think of themselves as "carers". But being recognised as one gives you real, enforceable legal rights. This guide explains exactly what they are.

✍️ Paurav Joshi, Director, Ekvarta Ltd 📅 Last updated: May 2026 🖨️ Print this guide

🔑 Your Key Rights as an Unpaid Carer

  • The right to a free Carer's Assessment from your local council — regardless of hours
  • A day-one right to request flexible working (from April 2024)
  • 5 days unpaid carer's leave per year under the Carer's Leave Act 2023
  • Carer's Allowance: £81.90/week if you provide 35+ hours of care (2025/26)
  • Protection from associative discrimination under the Equality Act 2010
  • The right to be involved in care planning for the person you care for

Who Is an Unpaid Carer?

An unpaid carer is anyone who provides unpaid care to a family member, friend or neighbour who could not manage without them due to illness, disability, a mental health condition or an addiction. The care may be physical (washing, dressing, cooking), emotional (company, reassurance, managing anxiety), or practical (managing medication, attending appointments, handling paperwork).

Nationwide, there are over 10.6 million unpaid carers — that's roughly one in six adults. The vast majority don't identify themselves as "carers". They see it as simply looking after their mum, or their partner, or their child. But the legal definition is broad: if you are regularly providing unpaid support to someone who would struggle without you, you are a carer in the eyes of the law.

This distinction matters enormously. Being recognised as a carer unlocks specific legal rights — including the right to assessments, leave from work, financial support and protection from discrimination. Many carers miss out on these rights entirely because they simply don't know they are entitled to them.

The scale of unpaid caring is significant. Carers save the UK economy an estimated £162 billion per year — more than the entire NHS budget. Yet many carers face financial hardship, deteriorating health, and social isolation as a direct result of their caring role. The rights set out in this guide exist precisely because Parliament recognised this reality.

Right to a Carer's Assessment (Care Act 2014)

Under the Care Act 2014, every unpaid carer in England has the right to a free Carer's Assessment from their local council. This is one of the most important and most underused rights in social care law.

Who qualifies?

This right applies to any unpaid carer — regardless of:

  • How many hours of care you provide (even 1 hour per week counts)
  • Whether the person you care for has had their own needs assessed
  • Whether the person you care for has eligible care needs
  • Your own income, savings or employment status

What is the assessment about?

Critically, a Carer's Assessment is about your needs — not the needs of the person you care for. The assessor (a social worker or trained practitioner from the council) must consider:

  • The impact of caring on your physical and mental health
  • The impact on your employment, education and relationships
  • Your social life and ability to participate in activities outside caring
  • Whether you want to continue caring — and if so, whether at the same level
  • Your own wellbeing, aspirations and life goals beyond your caring role
  • Whether you are placing yourself at risk

The assessment must take a holistic view. It is not just a checklist — it should be a proper conversation about what caring is doing to your life.

What support can follow?

Following a Carer's Assessment, the council may provide or fund a range of support, including:

  • Direct Payments to the carer — money you can spend on things that support you (a gym membership, a short break, domestic help, a course)
  • Access to carer support groups and peer networks
  • Counselling or talking therapies
  • Training (e.g. manual handling, medication management)
  • Respite care — so you can have a break
  • Practical help in the home

How to request an assessment

Call or write to your local council's Adult Social Care team and ask specifically for a "Carer's Assessment under the Care Act 2014". You can find your council at gov.uk/find-local-council. The council cannot refuse to carry out an assessment if you appear to have needs as a carer.

If you are refused or if the process is delayed unreasonably, you can make a formal complaint to the council and ultimately to the Local Government and Social Care Ombudsman.

Right to Flexible Working (Employment Relations (Flexible Working) Act 2023)

From 6 April 2024, all employees — including those who are new in their jobs — have a day-one right to request flexible working arrangements. Previously, employees had to wait 26 weeks before making a request. This change is particularly significant for carers who need flexible schedules to manage their caring responsibilities alongside work.

What does this mean in practice?

  • You can make 2 requests per year for flexible working
  • Your employer must respond within 2 months of the request
  • The request can be for any form of flexibility: reduced hours, compressed hours, working from home, staggered start/finish times, term-time only working, or job sharing
  • Your employer must consider the request seriously and consult with you before deciding

Grounds for refusal

An employer can refuse a flexible working request, but only on one or more of these 8 statutory grounds:

  1. Burden of additional costs
  2. Detrimental effect on ability to meet customer demand
  3. Inability to reorganise work among existing staff
  4. Inability to recruit additional staff
  5. Detrimental impact on quality
  6. Detrimental impact on performance
  7. Insufficient work during the proposed working hours
  8. Planned structural changes

The employer must give written reasons explaining which ground(s) apply. A blanket refusal without explanation is not lawful.

What if you're refused?

If your request is refused, you should first follow your employer's internal appeals process. If you remain unhappy and believe the refusal was not on one of the lawful grounds — or that the process was not properly followed — you may bring a claim to the Employment Tribunal. Time limits apply (3 months from the decision). ACAS Early Conciliation is required before bringing a claim: acas.org.uk.

Carer's Leave Act 2023

The Carer's Leave Act 2023 came into force on 6 April 2024. It created a brand new right for employees who are also unpaid carers — separate from annual leave, sick leave or parental leave.

The right

Employees have the right to take up to 5 days of unpaid leave per year to provide or arrange care for a dependant with a long-term care need. This is a day-one right — you do not need any qualifying period of employment.

Who is a "dependant"?

A dependant means:

  • Your spouse or civil partner
  • Your child
  • Your parent
  • A person who lives in the same household as you (other than as an employee, tenant or lodger)
  • Any person who reasonably relies on you to provide or arrange care

What is a "long-term care need"?

The leave applies where the dependant has a care need arising from:

  • A condition expected to last at least 3 months
  • A disability as defined by the Equality Act 2010
  • A terminal illness

How can the leave be taken?

The 5 days can be taken flexibly — as individual days, half days, or all 5 days at once. You must give your employer notice (twice the length of leave you want to take, or as much notice as is reasonably practicable). The employer cannot postpone the leave if doing so would cause serious disruption to the employee's caring responsibilities.

Protection

You cannot be dismissed or subjected to any detriment for requesting or taking Carer's Leave. This is an automatically unfair dismissal. Note: the leave is currently unpaid as a statutory minimum — though some employers choose to pay it voluntarily.

Carer's Allowance 2025/26

Carer's Allowance is the main financial benefit for unpaid carers. In 2025/26, it is worth £81.90 per week — paid directly to the carer.

Eligibility criteria

You may claim Carer's Allowance if:

  • You are aged 16 or over
  • You provide at least 35 hours of care per week to the person you care for
  • The person you care for receives a qualifying disability benefit (see below)
  • You earn no more than £151 per week after permitted deductions (from employment or self-employment)
  • You are not in full-time education (21+ hours per week studying)

Qualifying disability benefits

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

  • Personal Independence Payment (PIP) — Daily Living component (either rate)
  • Disability Living Allowance (DLA) — Middle or Higher rate care component
  • Attendance Allowance (AA) — either rate
  • Constant Attendance Allowance (at or above the normal maximum rate)
  • Armed Forces Independence Payment
  • Child Disability Payment (Scotland) — care component at middle or higher rate

Important things to know

  • Carer's Allowance is not means-tested — your savings do not affect eligibility
  • Only the earnings limit applies — £151/week after deductions such as tax, National Insurance, pension contributions and half of any private pension payments
  • Your claim can be backdated by up to 3 months — so claim as soon as you're eligible
  • Receiving Carer's Allowance means you're entitled to a Carer's Premium in other means-tested benefits, which adds extra money to your entitlement
  • If you are of State Pension age and your State Pension is equal to or more than Carer's Allowance, you will not receive it as a cash payment — but you will still be deemed entitled, which triggers the Carer's Premium

For full eligibility details, rates, and how to apply, see our dedicated guide: Carer's Allowance — Full Guide.

Right to Be Involved in Care Planning

Under the Care Act 2014, if the person you care for is having a needs assessment or care plan drawn up by the local authority, you have the right to be involved in that process — provided the person consents to your involvement (or if they lack capacity and it is in their best interests for you to be involved).

Specifically, you can:

  • Attend the needs assessment of the person you care for (with their consent)
  • Provide information to the council about the person's needs and your caring role
  • Request to be named in the person's care plan as a key person
  • Be consulted about any changes to the care plan
  • Raise concerns with the local authority if you believe the person's needs are not being met

If the person you care for lacks capacity (for example, due to dementia), the council has a duty to act in their best interests — and in most cases this will mean involving you directly in decisions. The council must carry out a Best Interests assessment under the Mental Capacity Act 2005.

If you have serious concerns about the quality of care or a significant change in the person's needs, you have the right to contact the local authority and ask for an urgent reassessment of their care needs.

Equality Act 2010 Protections

The Equality Act 2010 protects unpaid carers in the workplace through a concept called associative discrimination. This means that even though you yourself are not disabled, if you are treated less favourably at work because of your association with a disabled person, that can constitute direct disability discrimination.

What this means for carers

  • Your employer cannot discipline, dismiss, pass over for promotion, or treat you unfairly because you have caring responsibilities for a disabled person
  • If your employer makes assumptions about your availability or reliability based on your caring role, this could constitute associative discrimination
  • This protection applies in employment, but also in other areas such as access to goods, services and public functions

In practice, proving associative discrimination can be complex. If you believe you have been discriminated against, contact ACAS (0300 123 1100) or an employment law solicitor. Legal aid may be available in some circumstances.

Getting Help and Support

You don't have to navigate this alone. The following organisations provide free advice and support to unpaid carers across the UK:

  • Carers UK Helpline: 0808 808 7777 (Monday–Friday, 9am–6pm) — free advice on benefits, assessments and your rights
  • Carers Trust: carers.org — local networks and support services nationwide
  • ACAS: 0300 123 1100 — advice on workplace rights and flexible working
  • Citizens Advice: 0808 223 1133 — benefits advice, housing, employment

Ekvarta can also help you understand your options — whether that's finding the right home care support to give you a break, or explaining how Direct Payments work. Contact us on WhatsApp or email [email protected].

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