Carers and Direct Payments Act (Northern Ireland) 2002

Assessments and services for children who are carers

4.  After Article 17 of the Children Order there shall be inserted—

“Assessments and services for children who are carers

17A.— (1) If —

(a) a child (“the carer”) provides or intends to provide a substantial amount of care on a regular basis for a person aged 18 or over;

(b) the child requests an authority to carry out an assessment for the purposes of determining whether he is to be taken to be in need for the purposes of this Part; and

(c) the authority is satisfied that the person cared for is someone for whom it may provide personal social services,

the authority—

(i) shall carry out such an assessment; and

(ii) taking the results of that assessment into account, shall determine whether the child is to be taken to be in need for the purposes of this Part.

(2) Paragraph (1) does not apply if the child 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.

(3) Subject to any directions given by the Department to the authority under—

(a) Article 17 of the Health and Personal Social Services (Northern Ireland) Order 1972 (in the case of a Board); or

(b) paragraph 6 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1)(in the case of an HSS trust),

an assessment under this Article is to be carried out in such manner, and is to take such form, as the authority considers appropriate.”.