Many unpaid carers are unaware of their rights, and therefore miss out on the financial, practical and emotional support they are entitled to.
The Carers (Scotland) Act 2016
This Act was passed by the Scottish Parliament on 4 February 2016. It extends the rights of adult and young carers in Scotland.
As well as establishing your right to receive an Adult Carer Support Plan or Young Carer Statement, it also gives local authorities and health boards the duties to support carers to:
You can read the full Carers (Scotland) Act 2016 on the UK Government website.
The National Carers Strategy (Scotland)
This was first launched in 2010, recognising unpaid carers as equal partners in care. The strategy aims to ensure that carers are fully supported through access to local carer centres, support services, and increased awareness of carers’ rights.
The most recent strategy is from December 2022, which you can read on the Scottish Government website. You can also look at the easy read version.
Equality Act 2010
This law protects carers from direct discrimination or harassment because of their caring responsibilities. For details of how The Equality Act 2010 affects carers, you can download this guide created by the Government Equalities Office and Citizens Advice (PDF).
Mental Health (Care and Treatment) (Scotland) Act 2003
This Act states that carers’ rights and views must be considered as much as possible, when making decisions about the cared-for person’s care and treatment.
Anyone involved in the care and treatment of the person using a mental health service must provide carers with the necessary information for providing effective care.
A carer may not receive information that the cared-for person does not want to share.
For more information about The Mental Health (Care and Treatment) (Scotland) Act 2003, you can visit the Mental Welfare Commission (MWC) for Scotland website.
You can also contact the MWC on 0800 389 6809 or .
Community Care and Health (Scotland) Act 2002
This Act introduced free personal care for adults, regardless of income or whether they live at home or in residential care. It also created the right for carers to have a carer’s assessment.
Amendments to this Act were made by The Community Care (Personal Care and Nursing Care) (Scotland) Amendment (Regulations) 2018. This meant that free personal care was extended to people under age 65, regardless of their condition, since 1 April 2019.
You can read the full Community Care and Health (Scotland) Act 2002 on the UK Government website.
Carer (Recognition and Services) Act 1995
This Act came into effect on 1 April 1996. It was the first law to fully recognise the key role of unpaid carers.
It gave carers the right to ask for an assessment of their ability to care. It also gave local authorities the duty to consider the results of this assessment, when deciding how to support the cared-for person.
You can read the full Carers (Recognition and Services) Act 1995 on the UK Government website.
Carers’ rights in the workplace
There are also various acts which give carers legal rights in the workplace, such as the right to:
- The right to time off in emergencies
- One week’s unpaid leave per year to provide or arrange care for someone with a long-term care need
- 18 weeks’ parental leave per child
- Flexible working patterns including flexitime, compressed hours, job sharing, and more
For full details on your legal rights, please click the button below.
Carers’ rights to financial support
As a carer, you may be eligible for benefits such as:
- Carers Allowance
- Universal Credit
- Attendance Allowance
- Housing Benefit
- and more…
VOCAL also runs free surgeries on income maximisation for carers. For full details on these sessions and benefits for carers, please head to our benefits and entitlements section.
