Commentary on Sections

Section 1 – Carers

2.This section defines carer and the person cared for.

3.Subsection (1) defines carer as someone who provides (or intends to provide) a significant amount of care, on a regular basis, for a disabled child or for an individual aged 18 or over.  For these purposes, the meaning of “disabled child” is taken to be the same as in Part 3 of the Children Act 1989.

4.Subsection (2) excludes from the definition of carer those who are employed as carers, or carry out their duties as a carer on a formal basis by way of a formal agreement with any other person.  Those who are volunteer carers for any body, for example a charity are also excluded from the definition.

5.Subsection (3) defines the person being cared for as a person who is provided care by a carer, or it is intended that care will be given to that person by a carer.