http://www.lawcom.gov.uk/docs/cp192.pdf [/quote]5.31 One issue that has arisen since the introduction of direct payments and personal
budgets17 is whether a carer who had previously performed their role on an
unpaid basis but is now paid for the care they provide through the cared-for
person’s direct payment would still qualify as an unpaid carer. It might be argued
that they fall into the above exclusions because they are being employed or paid
by the service user for some or all of the care they are providing. Alternatively, it
might be argued that any care to which a direct payment related would be
disregarded when considering whether or not the carer is providing substantial
and regular care. This issue has important ramifications for unpaid carers
because if receipt of payment from the cared-for person’s direct payment means
the receiving person falls outside the definition of a carer, then they would not be
entitled to an assessment or to services in their own right.18 This could mean, for
example, that their employment needs, or education and leisure needs are not
met. Alternatively the carer might want their care arrangements reviewed but
would legally not be in a position to request an assessment.