It was brought in to ensure that everyone, regardless of age or income, was entitled to 'free' personal care.

However, figures show that some of the people that 'Frank's Law' was designed to help are paying more for care than they were before the "badly thought out" policy was introduced.

The extension of free personal care, that followed a campaign by the widow of Scottish footballer Frank Kopel, was accompanied by dire warnings from local councils that they would face a high level of new demand from people under 65.  

The Scottish Government gave councils an additional £30 million to meet the cost of the new policy in 2019-20, a sum that by 2022 has risen to £42 million per year.

However the campaign group Scotland Against the Care Tax  say "no information" is publicly available on how this £40million has been spent.

It said councils are continuing to rake in money for personal care because of new loopholes that have allowed charging to continue.


Part of the service given to severely disabled people has been reclassified by local authorities as 'housing support" or help to pay rent rent and bills - a service that is chargeable.

Councils are also said to have increased the amount charged for aids and adaptations such as ramps, stair lifts and hoists which are essential to support people living in their own homes. 

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The amount raised in charges for this service was £2.8 million in 2018-19 but by 2020-21 this had risen by 43% to £4.1 million. There is also wide variation in how much council contribute to costs incurred by homeowners.

Many disabled people also face higher fuel costs than others because of their need for higher levels of heating and the costs of charging hoists and other equipment.

The Scottish Government has pledged to end all non-residential social care charges as part of the new National Care Service  and said it is now carefully examining areas of support that "some local authorities have reclassified".

Ian Hood of Scotland Against the Care Tax said: "The policy of Free Personal Care for younger disabled adults has not delivered the changes promised.

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"As councils throughout Scotland continue to struggle with rising costs and limited sources of income they are likely to try and find more ways to make disabled people pay more for their support regardless of the cost of living challenges disabled people have every day.      

"The only way to resolve this situation is to end all non residential social care charges immediately and put an end to this unfair tax."

Lilias Watters says her sister Evie Drazek is paying more for her care since Frank's Law was implemented.

The 65-year-old, who lives in Leith in the north of Edinburgh, has cerebral palsy, requiring 24-hour care and receives 126 hours of support a week.


In 2017, she paid £70 per week for this care but the cost has risen to £80 because 35 hours are now being assessed as housing support.

Her sister said: "They have separated some of the hours and said it's not personal care and she has to pay for that.

"They are saying 35 hours is not personal care and I'm saying, 'are you kidding, she cannot be left on her own, ever'.

"I did challenge it but to be quite honest, I'm 68 now, I don't have the same fight in me and it's exhausting.

"You have to fight for every single thing." 


Dr Jim Elder-Woodward, says he owes West Dunbartonshire Council around £35,000 for adaptations to his home because, while some councils cover up to 80% of the costs, West Dunbartonshire funds half.

He said: "In my case, the last grant I got was for the installation of a through-the-floor lift (something I didn’t want. I wanted a stairlift).  

"I got the 50% grant, less architect’s and surveyors fees, but had to pay for all those other fees mentioned above. So, for a lift costing £11k, I got a grant of just under £5k.

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"I reckon I spent around £9k to put everything right – and I still owe the council around £30K with all the adaptations done over the last 35 years living in my house."

Tressa Burke, Chief Executive of Glasgow Disability Alliance said: "Care charges are not only unfair in themselves but also exacerbate existing inequalities.

"They are not inevitable-  but are a result of political choices.

"Glasgow Disability Alliance stands firm with Scotland Against Care Tax in urging Local Authorities and call on Local Authorities and the Government to put an end to this unfair tax on disabled people.”

Minister for Social Care Kevin Stewart said: “We’re committed to creating a new National Care Service and ending the post code lottery in care. 

"By the end of this parliament we will have ended all non-residential social care charges. 

"As we take forward the legislation for the new National Care Service we will be examining very carefully areas of support that it has been suggested some local authorities have reclassified.

"Through the new law we will take any actions needed to prevent any reclassification of established care services.”