How to Employ a Private Carer Directly (and Stay Legal) (2026)

In short: if you pay a carer (sometimes called a personal assistant or PA) to work for you or a relative, you will usually be their employer. That means registering with HMRC, paying at least the minimum wage (£12.71 an hour for workers aged 21 and over from April 2026), putting them in a workplace pension if they qualify, buying employers' liability insurance and checking their right to work. You cannot get a DBS check on them yourself; they apply for their own and you check the certificate.

Are you really the employer?

The NHS says that if you employ a paid carer yourself, you take on the legal responsibilities of an employer. That includes arranging cover when they are ill or on holiday. Using a home care agency instead removes those legal duties, but the NHS warns it could cost more and you may not always get the same carer.

Some carers work for themselves (self-employed). GOV.UK says employers must work out each worker's status in both employment law and tax law, and a person can have a different status for each. HMRC's Check employment status for tax (CEST) tool helps you check. If you are not sure, take independent advice before the carer starts.

Your legal checklist as an employer

1. Register with HMRC and run payroll

You must register as an employer with HMRC before the first payday. You cannot register more than 2 months before you start paying someone. You must also tell HMRC about your new employee on or before their first payday. HMRC's Basic PAYE Tools is free payroll software for employers with fewer than 10 employees. It works out tax and National Insurance and sends the details to HMRC.

2. Pay at least the minimum wage

From April 2026 the minimum hourly rates are:

• £12.71 for workers aged 21 and over (the National Living Wage);
• £10.85 for workers aged 18 to 20;
• £8 for workers under 18.

The rates change on 1 April every year, so check GOV.UK each spring.

3. Give a written statement and paid holiday

You must give your carer a written statement of the main terms of the job. The main part (the principal statement) is due on their first day. It must include pay, hours, holiday and where they will work. Almost all workers are entitled to 5.6 weeks' paid holiday a year. Employees also have rights such as Statutory Sick Pay and minimum notice periods.

4. Workplace pension

Your duties start when your first member of staff starts work. You must enrol your carer and pay an employer's contribution if they are aged between 22 and State Pension age, earn at least £10,000 a year and normally work in the UK.

5. Employers' liability insurance

You must have employers' liability insurance from the day you become an employer. It must cover at least £5 million and come from an authorised insurer. You can be fined £2,500 for every day you are not properly insured. You do not need it if the only person you employ is a close family member, such as a son, daughter, brother or sister.

6. Check their right to work

You must check that a person is allowed to work in the UK before you employ them. You can check their documents in person or use an online share code. British and Irish citizens cannot get a share code, so check their original passport or other documents. Keep copies during their employment and for 2 years after they leave. If you do not do a correct check and they are working illegally, you could face a civil penalty.

7. DBS checks

GOV.UK says that if you hire a self-employed person or a personal employee to provide services to you or your family, you cannot request a DBS check for them. They need to request one themselves and show you the certificate. Your carer can apply for a basic check, which costs £20 and shows unspent convictions. People can sometimes request an enhanced check for themselves. If the carer is paid through direct payments, ask your council how it can help with checks.

Does the carer need to be registered with CQC?

No, as long as you arrange the care yourself. The Care Quality Commission (CQC) says a care worker who works directly for a person and under their control, without an agency managing the care, does not need to register for personal care. The exemption only covers people working as individuals, not in partnership with other carers.

This also means there is no CQC inspection report or rating to look up. Take up references and check the DBS certificate yourself. If you would rather have a CQC-registered service, search home care agencies near you.

Using direct payments to pay a carer

If the council has assessed you as needing care, you can ask for your personal budget as a direct payment and use it to employ your own carer. GOV.UK warns that you may become an employer if you do this. The usual rule is that the money cannot pay a close family member who lives in the same household to provide care, unless the council decides this is necessary. Read our guide to direct payments for home care.

Related guides

• Home Care Agency Checklist: 20 Questions to Ask
• When Home Care Is No Longer Enough: Signs It's Time for a Care Home

Sources

• Register as an employer (GOV.UK)
• National Minimum Wage and National Living Wage rates (GOV.UK)
• Employers' liability insurance (GOV.UK)
• Set up and manage a workplace pension scheme (GOV.UK)
• Checking a job applicant's right to work (GOV.UK)
• Check someone's criminal record (GOV.UK)
• Request a basic DBS check (GOV.UK)
• Written statement of employment particulars (GOV.UK)
• Holiday entitlement (GOV.UK)
• Employment status: employee (GOV.UK)
• Check employment status for tax (HMRC)
• Download HMRC's Basic PAYE Tools (GOV.UK)
• Employment Allowance (GOV.UK)
• Employers of care and support workers and Employment Allowance (HMRC)
• Scope of registration: individual budgets and self-funded care (CQC)
• Personal care: introductory agencies and individual care workers (CQC)
• Apply for direct payments (GOV.UK)
• Help at home from a paid carer (NHS)
• Care and support statutory guidance, chapter 12 (DHSC)