1.—(1) Subject to sub-paragraphs (2) and (3), the provision of personal care for persons who, by reason of old age, illness or disability are unable to provide it for themselves, and which is provided in a place where those persons are living at the time the care is provided.
(2) Sub–paragraph (1) does not apply where paragraph 2 (accommodation for persons who require nursing or personal care) applies.
(3) Sub-paragraph (1) does not apply to—
(a)the supply of carers to a service provider by an undertaking acting as an employment agency or employment business for the purposes of that provider carrying on a regulated activity,
(b)the introduction of carers to an individual (other than a service provider) by a person (including an employment agency or an employment business) having no ongoing role in the direction or control of the service provided to that individual,
(c)the services of a carer employed by an individual or related third party, without the involvement of an undertaking acting as an employment agency or employment business, and working wholly under the direction and control of that individual or related third party in order to meet the individual's own care requirements, and
(d)the provision of personal care by a person managing a prison or other similar custodial establishment (other than a hospital within the meaning of Part 2 of the 1983 Act).
(4) In sub-paragraph (3)—
“carer” means an individual who provides personal care to a person referred to in sub-paragraph (1);
“” means—
an individual with parental responsibility (within the meaning of section 3 of the Children Act 1989 M1) for a child to whom personal care services are to be provided;
an individual with power of attorney or other lawful authority to make arrangements on behalf of the person to whom personal care services are to be provided;
a group of individuals mentioned in either of paragraphs (a) or (b) making arrangements on behalf of one or more persons to whom personal care services are to be provided;
a trust established for the purpose of providing services to meet the health or social care needs of a named individual.
Marginal Citations