What does the Care Act 2014 say about respite?
The Care Act 2014 never uses the word respite. Instead, it gives people a right to be assessed, and makes councils meet any eligible needs. The official guidance calls a break “replacement care”, which means care for you, so your carer can rest.
Replacement care can be a few hours at home, regular nights or a longer stay elsewhere. The guidance gives examples, such as a carer getting to their own health appointments. It also mentions catching up on sleep, or taking a longer break from caring.
This guide covers the rules in England. Our guide to funding a break, from grants to the NHS, covers the other ways to pay.
Who has a right to an assessment?
The person who needs care can ask for a needs assessment, and their carer can ask for a carer’s assessment. The council must assess anyone who appears to need support. That’s true whatever their money, and whether or not they’ll qualify.
The two assessments can be done together or apart. A carer’s assessment must look at whether the carer can and wants to keep caring. It must also look at their work, learning and free time.
When does the council have to provide a break?
Only when there are eligible needs, and national rules set out what counts. For the person who needs care, the council checks two things.
First, it asks whether they can’t manage two or more everyday things, such as washing, eating or getting out. Then it asks whether that has a big effect on their wellbeing.
For a carer, it asks whether caring puts their health at risk or stops them doing things that matter. That might be work, learning, seeing friends or time to themselves. Again, it must have a big effect on their wellbeing.
If either of you has eligible needs, the council must meet them. A break might be part of the answer. That’s agreed in the care and support plan, or the carer’s support plan.
How can the council arrange a break?
There’s no single way, and the plan should fit what you both need. These are the common options.
- Care at home: a care worker comes in so your carer can go out or get some sleep.
- A stay away: a short stay in a care home or another setting.
- A direct payment: money you use to arrange the care yourself, such as extra hours from a PA.
- Help for the carer: support aimed at the carer, such as a class or help to stay in work.
Direct payments can cover short care home stays: up to four weeks in a row, in any 12 months. The guidance gives a carer’s break as one example of what that’s for.
A direct payment usually pays for care, though, not for a holiday itself. Our guide on using direct payments for a holiday explains what that means on a trip.
Who pays for respite under the Care Act?
Care that gives a carer a break counts as care for the person who receives it. So if there’s a charge, that person pays it, not the carer. The council can also decide not to charge at all.
Any charge depends on a financial assessment of the person getting the care. For care home stays of up to eight weeks, councils can use the rules for care at home.
Councils don’t have to charge carers for their own support either. The guidance says that charging carers is often a false economy.
Can you use a personal budget for a short break?
Yes, if your plan says a break would meet your needs. Your personal budget is what the council works out it’ll cost to meet them. You can take it as a direct payment and arrange the care yourself, or let the council arrange it.
Ask for any break to be written into the plan, with the number of days or hours. That makes it much easier to book with confidence, and to check later what was agreed.
What if the council says no?
Ask for the decision and the reasons in writing. If you disagree, use the council’s complaints process. If you’re still unhappy after that, you can go to the Local Government and Social Care Ombudsman, which is free.
Ask for an independent advocate if you’d find it hard to take part. The council must provide one if you’d struggle to understand or share your views, and nobody suitable can help you.
Practical steps
- Ask for both assessments, and say that a break is one of the things you’d like.
- Keep a short diary of a normal week, to show what caring involves.
- Ask for your plan in writing, with any breaks it agrees.
- If a direct payment will pay for care away from home, get the council’s answer before you book.
- Ask the council where the person who needs care lives, not the one where you’re staying.
Frequently asked questions
Not to a set amount. You’re entitled to an assessment, and to have eligible needs met. A break is often how councils meet a carer’s needs, but it depends on what the assessment finds.
It can be care at home, a day centre, a sitting service or a short stay away. It can also be care while you’re on holiday, if the council agrees it meets your needs.
The guidance expects a review at least every 12 months. You can ask for one sooner if things change, such as your carer’s health or your own.
No. For disabled children and parent carers, other laws apply, including the Children and Families Act 2014. Ask your council’s children’s services about short breaks.
Its main parts apply in England only. Scotland and Wales have their own laws on care and carers, so check with your council there.
Yes, if you get NHS Continuing Healthcare, the NHS pays for your care instead of the council. Our guide to CHC respite care explains how that works.
Using a council-funded break at Restwell
Restwell is a private, adapted bungalow in Whitstable, and some guests come on a break their council has helped with. Often the council’s money pays for the care, and the family pays for the stay.
Care can come from your own PAs, or from our sister company, Continuity of Care Services. Continuity will give you a quote to share with your council. Read more about holidays with care from Continuity.
We can also send a written quote for the bungalow. Tell us your dates and who the quote is for, and we’ll get it to you.
