The New Mental Health Act: Rights of Carers - information for people who care for a service user

5 Who does the law recognise as a carer?

There are a number of different descriptions of a carer in legislation and in guidance. The Act is quite specific about what it means by the terms 'carer' and 'primary carer'.

The Act says that a carer for a service user is a person who provides, on a regular basis, a substantial amount of care for, and support to, the service user. A carer doesn't have to be a relative nor does he or she have to live with the person they support. It is possible, for example, that a carer may be providing a great deal of emotional support from a distance. The care and support can be of either a practical or an emotional nature, or both.

Where the service user is in hospital a carer may be the person who, before the service user was admitted to hospital, provided, on a regular basis, a substantial amount of care for, and support to, the service user.

The Act says that any person whose paid job it is to provides care to a service user cannot be defined as a carer. The Act also says that a paid or unpaid employee of voluntary organisations is not a carer. A carer is not, for example, a CPN or a home help or a supporter if they are providing care as part of their job.