Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what discussions he has had with the Secretary of State for Justice on reviewing the eligibility of unpaid carers for (a) legal aid and (b) advocacy; and what assessment he has made of the potential merits of increasing funding for respite breaks for unpaid carers.

To be eligible for legal aid, which includes advice, assistance, and advocacy, where applicable, generally an applicant’s legal matter must be in scope for legal aid, and they must pass both a merits and a means test. The merits test, for civil legal aid, and the interests of justice test, for criminal legal aid, assess the merits of the case, including the likelihood of success, and the benefit to the applicant. The means test assesses an applicant’s financial eligibility. Unpaid carers that meet the eligibility criteria are eligible for legal aid.

On the potential merits of increasing funding for respite breaks for unpaid carers, local authorities have duties to support people caring for their family and friends. The Care Act 2014 requires local authorities to deliver a wide range of sustainable, high-quality care and support services, including support for carers.

The Better Care Fund includes funding that can be used for carer support, including short breaks and respite services. Local areas determine how the money is best used to support carers, depending on local need and with reference to their statutory responsibilities.

Ministers regularly engage with colleagues in other Government departments on a range of issues.