4. Regulation 3 (specification of social care workers) of the 2016 Regulations is amended as follows—
(a)at the end of paragraph (2)(c), for “.” substitute “;”; and
(b)after paragraph (2)(c) insert—
“(d)who are—
(i)employed (whether as an employee or a worker), or
(ii)engaged under a contract for services,
by a service provider of a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act.
(3) For the purposes of this regulation, the terms “employee” (“cyflogai”), “employment” (“cyflogaeth”)(1) and “worker” (“gweithiwr”) have the same meanings as in section 230(1), (5) and (3) respectively of the Employment Rights Act 1996(2).”
Section 230(5) of the Employment Rights Act 1996 also defines the term “employed” by reference to the meaning of “employment”.