Carer's needs to be assessed under the new bill in Wales

More people who look after disabled, sick and frail relatives could be entitled to help at home under proposals to change the law in Wales. Carers will have their needs assessed and could get a payment that puts them in control of their own care budget.

The Welsh government said extra funding will not be required to deliver the Social Services and Wellbeing Bill. Charities have called to see the details on who will be eligible for what kind of support. Around 150,000 people a year receive social care in Wales.

The legislation is designed to give carers the same legal rights to support as the people they look after.

Local councils would have to assess carers' needs to find out if they too are eligible for help from social services. The process must look at how much care they can provide and consider whether they want to work or take part in education. Criteria on who is eligible for what kind of help will be set down in regulations after the bill comes into law.

It could result in workers stepping in to give carers time off, help around the home or garden, or a direct payment so carers can decide what help they need. Under the bill, social workers will have new powers to enter homes and speak to vulnerable adults. The legislation will increase the number of services where people can claim a direct payment from their local council. Spending on social services in 2010-11 was £1.4bn.

The Welsh government said the bill would "transform" the way people are looked after.

It will also:

• introduce national eligibility criteria, so people are assessed according to their needs, regardless of where they live;
• create "portable assessments", meaning people will not have to be re-assessed if they move to a new authority;
• establish a national adoption service;
• and allow council officers to apply to the courts so they can enter homes and speak to adults suspected of being at risk.

The requirement on assessing carers' needs replaces an existing law which says carers must give "a substantial amount of care on a regular basis" before they are assessed. The change will "simplify the law" and mean carers are treated in the same way as the people they look after, the Welsh government says.

In documents released with the bill, the Welsh government says that "radical changes" are needed to meet pressure on services. Demographic changes, including an ageing population, are putting more demand on the system.

The charity Carers Wales has estimated that the contribution made by unpaid carers who look after friends and relatives is worth more than £7bn. Rules on who will be eligible for care services will be spelled out in regulations by ministers. The charity Scope said regulations should be written to benefit as many people as possible. Its Welsh director Ian Thomas said: "Times are tough for everyone but being able to eat, wash and leave your home is not a luxury."

Deputy social services minister Gwenda Thomas said: "This bill is an excellent example of how we are using the new powers of the National Assembly to make a real difference to the lives of the people of Wales. This bill is about giving people a stronger voice and real control over the social care services they use, and to help meet their changing needs. Assessments for service users and their carers must be about the outcomes that are important to them, not just about eligibility for a particular service."

Mario Kreft, chief executive of Care Forum Wales, said the current system of social services care had simply evolved. "We need to really take control now in a way and, of course, what we should recognise is the bill - the Social Services and Wellbeing Wales Bill. Wellbeing is in that title for a specific reason. We're looking, just as we are as a nation to different pension arrangements in the future, we're looking to the long term and how we can actually improve people's wellbeing and how those services fit together. Mr Kreft added they must recognise how much public money is going into the service which is already under pressure.

But David Niven, former chairman of the British Association of Social Workers, warned there could be pitfalls in the new system. "You've got to appreciate that within the system and within the fact that money and resources is going to be given to each individual in order to control the spend more there is going to be situations of abuse," he said. "And if you deregulate and take away overlooking of this system, in many ways you're also going to open the door for the small minority of people that will abuse the vulnerable."