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Report

Time to end social care charging in Scotland

Social care charging is an unfair, inconsistent system that leaves low-income families in significant financial hardship and masks unmet need.

Due to the eligibility criteria, those who receive social care support are highly likely to be in receipt of ADP, Personal Independence Payments (PIP) or Disability Living Allowance (DLA) (to be transferred to ADP). These payments are made in recognition of the extra costs of living with long-term health conditions and disability, as outlined in the Scope research shared above. At current rates, these contribute towards, but would not fully meet, the extra costs that Scope outlined.

However, disability benefits are not fully disregarded within the financial assessment process, and the policy as it is applied presumes the use of disability-related benefits to cover some essential social care costs. This adds complexity to the system – people are awarded benefits by the state that are then returned to the state (or other care provider) in the form of care charges. It also expands the definition of extra costs of disability to include essential care provision, which runs counter to the human rights-based approach highlighted in both the COSLA care charging guidance (COSLA, 2024) and guidance from Social Security Scotland. The 1968 Act outlining charges stated that these were to be ‘reasonable and practicable’. A key question asked by one of the research participants was:

What’s reasonable? The cost or the money we get?

Focus group participant

This question gets to the crux of the issue. Existing benefit rates for disabled people expose them to poverty. On top of this is layered the need to pay for essential care services on which they rely for everyday activities. As costs have risen over recent years, benefits have not kept pace with rising costs and limited incomes are stretched.

During a focus group exercise looking at guidance on disability-related expenditure and comparing across the experiences of the group, a participant told us how expectations of ‘reasonable’ varied across local authorities.

Different councils seem to have different definitions of what reasonable is.

Focus group participant

The COSLA guidance highlights that, alongside processes to undertake a financial assessment, local authorities should seek to work with service users to maximise their income to reduce the financial hardship experienced. This point was emphasised throughout the local authority interviews, with processes outlined to ensure people had access to income maximisation support. However, questions were raised by others involved in the research about the extent to which this was being achieved across Scotland. One local authority interviewee said:

"The first priority is to maximise their benefits, the second priority from that is to make sure that we’re charging them the correct amount at the correct time. That’s absolutely crucial. So that’s split between personal care and non-personal care, non-chargeable elements, the legislation that we have does make it a really kind of complex environment."

The care assessment is a crucial process in determining whether some forms of care are personal care or non-personal care. During a focus group discussion, one participant stated that whether something is classed as personal care or non-personal care can be down to individual workers’ interpretations. This issue emerged in a couple of the local authority interviews, where interpretations about what is personal and non-personal care can and did differ across staff and areas.

By trying to be fair and trying to balance so many things, we’ve actually made a very complex environment for our service users.

Local authority interviewee

Noting that the assessed needs of people with learning disabilities are more likely to be for social care support, one focus group participant shared that they thought ‘it feels like people with learning disabilities are more likely to be charged and have higher charges’, especially when living independently rather than in supported accommodation.

Impact of social care charges

We found that care charges have both an immediate financial impact on individuals’ budgets and a potential long-term effect on preventative care, as funds used to pay for care could otherwise be directed toward other essential costs or supportive services that enable opportunities. Those who participated in the research highlighted areas they had to ‘compromise’ on due to care charges and financial constraints, with one focus group participant reporting "Less washing – sacrifice baths, showers and hair washing."

Other participants shared that their family had to make compromises to provide unpaid care to cover their needs:

"A lot of sacrifices are being made by family and friends because they’re having to step up to support us. The fact that family and friends are having to step in to truly help us survive is such a big sacrifice on them and our relationships with them."

Finally, those involved in the research highlighted areas that they had had to cut back on due to constrained finances, with a reflection that not having to spend on social care charges may provide some disposable income or an ability to invest in other supports:

You’re having to sit in a house on your own because you can’t afford to go out to go anywhere to do anything.

Focus group participant

Charges in policy

The 2025–26 COSLA guidance – which is developed from a human rights perspective – highlights that charging policies should be accessible, transparent, fair and equitable (COSLA, 2025). As highlighted above, this guidance sits within the backdrop of charges being reasonable and practical.

Of Scotland’s 32 local authorities, all implement charges of some kind. East Renfrewshire Council and Fife Council currently only charge for telecare services. However, East Renfrewshire Council has just reached an agreement to bring in wider non-residential social care charges from April 2026 (COSLA, 2025).2

For local authorities that choose to develop and administer a charging policy, COSLA provides 7 over-arching objectives to support local areas to:

  • determine whether to charge a person for social care support at home, taking into consideration the full range of legal, financial and policy drivers
  • develop a policy that is fair, equitable, accessible and transparent for people who use support, their families and carers, and staff applying it
  • support local areas to work together to generate greater consistency across Scotland
  • ensure the personal, social and economic circumstances of individuals are given due regard in determining whether charges should apply, and the level of charges to prevent financial hardship
  • ensure that people who use services understand the reasons for charging and its contribution to supporting their social care
  • ensure that charging policies at a national and local level are developed together with people who use services
  • ensure that the human rights of supported people and the financial implications of charging on the supported person’s quality of life, in terms of both their standard of living and their social and economic participation within the community, are considered in the development of charging policy and its application in practice.

If a human rights approach was taken, I should be able to shower every day.

Focus group participant

The guidance highlights the need to create an enabling environment for those who use social care support and their carers, and to ensure that people’s human rights are being fulfilled. However, views gathered during this research challenge how fair and to what extent a human rights approach is driving the delivery of this. Disabled people’s organisations and their members have clearly articulated their view that social care charges are a breach of people’s human rights and go against the Scottish Government’s own anti-poverty approaches. In the GDA Manifesto 2024, a GDA member was quoted:

"To be a disabled person – especially one needing social care support – is to live a life without choices or any sense of personal autonomy. The financial context determines whether disabled people have human rights and are even able to be in charge of our own life. We need to start from understanding of this as a fundamental injustice when planning how we might be heard or even dare to complain."

It was clear from interviews with those working at local authorities that the role at present is to deliver this policy in a way that is fair for all. Fairness was sometimes equated to everyone being charged the same based on their income. However, the wider question of whether this policy is fair from a national perspective has not been tackled. The commitment from the Scottish Government and COSLA to make progress towards ending charges, following recommendations from the IRASC, would suggest a national-level recognition that charging for social care is not fair.

However, a lack of clarity on the specifics of the commitment and the time frame for implementing it is challenging for those working with the social care charging policy. This research heard from one local authority that had started making changes to reduce charges in line with the commitment and with the expectation that national progress would follow quickly; as this has not happened, they have now started to reverse those changes to increase income. Expectations have also been raised with disabled people, carers and disabled people’s organisations that change would have happened or be imminent at this stage in the parliamentary term.

Below is an outline of some key areas that have been highlighted over the course of this research that challenge how well the over-arching objectives are built into national and local policy-making.

Charges in practice

Transparency

Transparency is a key principle drawn out in the COSLA guidance and is particularly important to disabled people themselves. However, analysis of publicly available information found varying levels of transparency. Among local authorities, 21 had policies available and 4 provided a partial policy. Another 4 had no policy on their website, and 2 had no local policy available but instead directed people to the COSLA guidance. One local authority, East Renfrewshire, is currently developing its policy, but will not start charging until 2026.

Of those local authorities that published policies, the majority are for the financial year 2024–25, and 4 are older policies, with the oldest being from 2018. Lack of transparency within the assessment process was brought up by disabled people in this research.

Thresholds

The COSLA guidance sets out charging thresholds. From our review of local policies, these thresholds are used throughout Scotland, outlining the importance of the national guidance in this area. The thresholds are linked to the rates set by the UK Government Department for Work and Pensions (DWP). However, there is no assessment of the impact of, or clear rationale for, the thresholds set by the DWP. In particular, it is unclear what the impact is or is intended to be of the lower threshold at which charges start for those aged 18–64 years old.

The guidance states that ‘This threshold ensures a person retains a level of income to meet their daily living expenses.’ The threshold is set using DWP rates combined with a buffer, of 25%. The guidance goes on to state that it is important ‘to recognise that not all of a person’s income should be taken into account when calculating charges for people on low incomes or who may incur additional living costs due to their impairment or to support frailty’.

However, the rates for those aged 18–64 are particularly low as they are based on DWP rates for income support and disability premium that are legacy benefits, rather than using current benefits levels for Universal Credit and disability elements, which would raise the threshold from its current level. There is no detail provided on why these legacy benefits are used to set the threshold. Nor is there evidence for how the level set ensures a person retains an adequate level of income to meet their daily living costs. The thresholds at which charges apply have not undergone any impact assessment. This appears to be a critical gap in evidencing that charges are ‘reasonable and practicable’.

For people below the state pension qualifying age, the income support personal allowance and the disability premium are added together with the buffer added to the sum of these 2 rates, as shown below.

Table 2: COSLA guidance on calculating the charging threshold for 18–64-year-olds
 Income Support – Personal AllowanceDisability PremiumBuffer 25%Charging threshold (weekly)
Single person£92.05£43.20£33.81£170
Couple£144.65£61.65£51.57£258

On an annual basis, this amounts to an income of £8,840 per year for a single person of working age and £13,416 for a couple of working age.

Applying rates from Universal Credit would change the weekly threshold for a single person to £233.99 using the lower work allowance rate, which amounts to an annual income of £12,167.30. Using the higher work allowance rate, the weekly threshold would rise to £312.74, which amounts to an annual income of £16,262.35. Workings are outlined in Table 3. Similarly, the charging threshold for couples would increase if up-to-date Universal Credit rates were applied.

Table 3: Alternative threshold rates based on Universal Credit
 Universal Credit Standard Allowance*Work allowancesBuffer 25%Charging threshold (weekly)
Single person – lower work allowance£92.34£94.84£46.80£233.98
Single person – higher work allowance£92.34£157.85£62.55£312.74
Couple – lower work allowance£114.95£94.84£52.45£262.24
Couple – higher work allowance£114.95£157.85£68.20£341

Note: *Using rates for those aged 25 years and over.

For people of state pension qualifying age or above, the Pension Credit Guarantee is used as the basis for the charging threshold calculation, with the buffer added as shown below.

Table 4: COSLA guidance on calculating the charging threshold for pensioners 
 Pension Credit – Guarantee CreditBuffer 25%Charging threshold (weekly)
Single person£227.10£56.77£284
Couple£346.60£86.65£434

On an annual basis, this amounts to an income of £14,768 for a single person of pension age and £22,568 for a couple of pension age. One local authority interviewee said:

"I do feel the charging is slightly unfair towards anybody that’s under pension age because the thresholds are so much lower... I don’t understand why somebody under pension age has less expenses than a pensioner, because especially if they’re needing care, that doesn’t make much sense to me."

Alongside the income thresholds, 2 different capital level thresholds are taken into account within the financial assessment. These are £6,000 for 18–64-year-olds and £10,000 for those 65+ or defined by the local policy. These rates are reflective of the DWP’s lower capital thresholds. Individuals also highlighted that it can be hard to save when on a low income and managing higher household costs. Capital threshold limits were felt to penalise savings at a relatively low level. Participants in this research shared that if they managed to save, it was often to prepare for future costs such as replacing or servicing equipment.

The COSLA guidance recommends that thresholds are uprated on an annual basis and updates the guidance yearly with new DWP rates to reflect this.  

Disability-related expenditure

The problem I have with my local authority is, they won’t give me the guidance to say what is disability-related expenditure… I asked for it and they told me no, twice.

Focus group participant

In reference to their local charging policy, one focus group participant stated, ‘Too much vague and complicated jargon’. This was particularly the case in understanding what could be included as DRE. DRE is one area within the guidance and policies that adds complexity, yet is very important to capture in order to accurately understand disposable income. It can be difficult for disabled people always to know which of their costs are specifically disability related, as for them they are just their costs. Identifying the additional cost of charging an electric chair or breathing machine, for example, can be hard to itemise but contributes to higher energy usage.

A particular challenge identified in the focus group discussions was that the DRE levels set out in the guidance do not reflect the true costs. For example, a cleaning budget of £1,300 a year is suggested; however, this amounts to £25 per week, which is likely to support one hour of cleaning. One focus group participant said:

"‘Heating costs’: they want bills from your energy provider, bank statements, but if you can’t afford to put your heating on because you haven’t got any money, how can you show them what you would be paying to be heating your home? I’ve never switched the water heating on because I can’t afford it, so I don’t know what it would be."

The review of local authority policies found that information on DRE was not always clear, as outlined in Figure 2. In 10 areas, the policy did not mention DRE. A further 7 areas did not have policies available, one area did not provide disregards and another viewed the 25% buffer as the disregard for DRE. In total, this means 19 local authorities are not effectively or proactively providing disregards on disability-related expenditure, while 11 local authorities state that they will review actual costs if evidence is provided.

Not only can the evidence requirements for costs be burdensome for people, but the costs also need to be identified within the care assessment to be included in the later financial assessment. This approach places the onus on individuals rather than the local authority. At the same time, it was highlighted within local authority interviews that this section of a financial assessment can often be left blank, meaning no disregard is given.

Some areas took a more proactive approach, with one local authority interviewee sharing that a last-resort form of support would be for the financial assessor to review an individual's bank statements to understand their levels of spend accurately. Another local authority applies to everyone a calculation based on 20% of the standard rate of ADP. This amounts to £14 DRE per week. While this ensures everyone receives some DRE disregard, disabled participants in this research felt that the rate was still too low to adequately reflect costs.

The evidence required for some of the DRE is not practical, way too much work for the individual or their family. Having to meet strict deadlines for providing this can be difficult for people with certain disabilities.

Focus group participant

Relationship building is needed for disabled people to feel comfortable with sharing intimate details of their financial information, especially given the lack of trust with social work and local authorities. Another participant shared that her financial assessment was undertaken without her involvement, based only on her income. This was described as feeling like ‘a real breach of trust and a lack of transparency’. The practice in her local authority was for an in-house money advice service to review all income information for individuals and pass this on to the team calculating charges. This process does not provide an opportunity to include DRE.

A further complication is that one-off costs to replace or service equipment do not fit the financial assessment process or may be easily missed by individuals. For example, for one focus group participant, it costs £600 to replace their wheelchair battery.

If the financial assessment is to ensure a fair outcome, and charges are to be reasonable and practicable, then DRE has to be more routinely and realistically captured, as otherwise the outcome will automatically lead to hardship.

Rates, tapers, and disregards

In reviewing practice across all the local authorities for which we had data, we found that rates for how much disposable income is recovered (from any income above the threshold level) vary from 30% to 100%. This is known as the taper rate. Taper rates are determined by local authorities, although COSLA provides some guidance in determining these. Three local authorities placed the taper rate at 100%, meaning that all available income above the threshold could be applied to any charges. A further 12 areas had a taper rate above 70%. There was no information available for 8 areas on what taper rate was applied, meaning the national picture is incomplete. Figure 3 outlines the analysis of charging policies.

We found that local authorities took different approaches to how they treated partner incomes, joint assets and any other householders. COSLA guidance recommends that partner incomes are disregarded within the financial assessment process for both working-age adults and pensioners. However, we found this was not the approach taken universally: 3 local authorities include partner incomes within the financial assessment to at least some degree; 4 include jointly held savings and bank balances in jointly held current accounts; and 6 more specifically state that partner income is disregarded. The remainder are silent on the topic.

In relation to children within the households, all local authorities disregarded child benefits within the financial assessment. Given the child poverty rates for households with a disabled member, it appears an important area for further consideration, including understanding the number of households that may be affected. Selecting at random a few Child Poverty Plans to review, we found no mention of social care charging and the impact this may have on local authorities’ intentions to tackle child poverty. One local authority interviewee reported: "[extra costs of children in the household] that's certainly not completed in the financial assessment."

The following examples demonstrate how the variation in policies affects people differently across Scotland and the income people are left with following charges to cover all costs and bills.

Example 1: Single, working-age adult, over 25, receiving Universal Credit

Weekly income is made up of the following components:

  • Universal Credit £248.11 
  • Adult Disability Payment (ADP) enhanced rate £110.40.

Total income: £358.51 per week.

 Local authority A Local authority B Local authority C 
Disregarded income policy

Threshold £170

Disregard of £36.50 from ADP

Threshold £170

Disregard of £36.50 from ADP

Threshold £284 

Disregard of £33.65 from ADP

Taper rate50%75%100%
Total amount of disregarded income£206.50£206.50£317.65
Income after disregard£152.01£152.01£40.86
Maximum that this household would be charged in the local authority area per week£76.00£114£40.86
Available Income per week after charges and housing costs £282.50£244.51£317.65

Example 2: Couple, over pension age, one receiving old state pension and one new, £50 per week occupational pension

Weekly income is made up of the following components:

  • £406.70 per week from pensions
  • Attendance Allowance (AA) enhanced rate £110.40.

Total income: £517.10 per week.

 Local authority A Local authority B Local authority C 
Disregarded income policy

Threshold £434

Disregard of £36.50 from AA

Threshold £434

Disregard of £36.50 from AA

Threshold £284

Disregard of £33.65 from AA

Only 50% of income assessed = £258.55

Taper rate50%75%100%
Total amount of disregarded income£470.50£470.50£317.65
Income after disregard£46.60£46.60£0
Maximum that this household would be charged in the local authority area per week£23.30£34.95£0
Available income per week after charges and housing costs £493.80£482.15£517.10

Example 3: Single pensioner getting new full state pension

Weekly income is made up of the following components:

  • Pension £230.25
  • Pensions Credit £79.75
  • Savings Pension Credit £17.30
  • Attendance Allowance enhanced rate £110.40

Total income: £437.70 per week.

 Local authority A Local authority B Local authority C 
Disregarded income policy

Threshold £284

Disregard of £36.50 from AA

Threshold £284

Disregard of £36.50 from AA

Threshold £284 

Disregard of £33.65 from AA

Taper rate50%75%100%
Total amount of disregarded income£320.50£320.50£320.50
Income after disregard£117.20£117.20£117.50
Maximum that this household would be charged in the local authority area per week£58.60£88.12£117.50
Available income per week after charges and housing costs £379.10£349.88£320.50

Local authority income from charging

Clarity on income from social care support charges, and therefore the cost of removing charges, varies. Indeed, one of the great weaknesses of evidence in this area is a readily available figure for how much money is raised from disabled people through social care charging.

There are, however, a few sources that can be used to build some insight. Evidence from the local finance returns 2023–24 would suggest client receipts for areas that would align with non-residential social care support come to £47.9 million (Scottish Government, 2025).

The IRASC stated that the 2019/20 local authority income from user charges was £51 million (Feeley, 2021). The review also notes that the increase in free personal and nursing care led to an increase in usage, and this should be planned for in removing non-residential social care support charges. The Fraser of Allander Institute conducted additional analysis of the IRASC financial calculations and concluded this is likely to be an underestimate, based on the likely increase in uptake following removal of charges (Congreve et al., 2022).

COSLA’s own survey data provides differing figures, however. It has been stated that this is collected for benchmarking purposes rather than a final account.

Those interviewed as part of this research often stated that the income from charges was low in relation to the full social care budget. While some local authorities are now considering moving to full cost recovery, this is not the current policy anywhere in Scotland. The income from charges may be viewed as low in relation to wider social care and local authority budgets, but the burden for generating the roughly £50 million is being borne by a small group of people, some of whom are on very low incomes, to enable councils to set a balanced budget.

It was clear from local authority and councillor respondents that additional funds would need to be provided to local authorities to cover the cost of removing charges. If this is not fully funded, respondents were very concerned that it would further limit who can receive care, reduce services available and increase unmet need.

I mean, if there was a way not to charge people with a disability or social care needs, that would have been great as long as the Scottish Government made up the difference and the income that we would lose.

Local authority interviewee

 The budget position was highlighted as a driving factor in decision-making in many areas. However, in island and rural communities, staffing shortages and the costs of agency staff were identified as more pressing issues, with action to reduce these costs a priority to manage the tight budgets.

It was a very dire budget position and so one of the options that were put up to councillors was to increase the taper.

Local authority interviewee

I think that in a local point of view, everyone’s just so focused on, I have this budget gap, I need to meet this budget gap. So there’s decision-makers are thinking, what can I do?

Local authority interviewee

Cost, time and complexity of charging

As there is no publicly available comprehensive data on the cost of running the social care charging regime, it is unclear what the actual costs of running this system are. It would include the costs of staff time across local authorities to administer the charging policy, conduct financial assessments, run billing processes and properly inform people of the charges.

If charging was removed, the time it would free up within the council. It would free up all of our social workers and our teams to be able to focus on providing that care.

Local authority interviewee

On top of this, in some cases local authorities are passing over responsibility for collecting charges to contracted providers, including responsibility for chasing up non-payment. This fundamentally changes the relationship between the workers and the service, and the supported person. It also adds further costs to the process that are often borne by service providers, particularly when debt is accrued.

Care provider discussion participants stated:

"It destroys the relationship with a lot of people."

"People are stepping back from care because of the charge."

"We see people getting into crisis and needing more support because they can’t afford to pay for the little bit of support they need."

Lack of data-driven decision-making 

This research highlights that there is a consistent lack of data available to understand who is being charged for support and what the local need for adult social care is. This means that decisions made at the individual and local level are not data-driven.

For the most part. No data, just vibes.

Councillor interview

One local authority interviewee said:

"The decisions we take are focused on balancing the need for us to generate income and making it a financially worthwhile process to support our overall budget position, but also being mindful that we can’t just impose a load of flat rate charges to try and generate more income because people just won’t be able to pay it."

It was clear from the interviews that neither local population data nor data about who was affected by charges was routinely used by decision-makers. The local variation identified through this research appears to have been driven to a greater extent by budget concerns, with a local authority interviewee saying: "The cause of (the increase in the taper level) was the budget position."

As highlighted above, local authority respondents and the COSLA Charging Guidance Working Group were clear that delivering this policy fairly was a critical element to avoid harm. Respondents stated that it was their role to deliver this policy, but that wider decisions about whether disabled people should be paying towards care were taken at the political level and were not their responsibility. 

We only look at our process and say are we applying a fair process.

Local authority interviewee

In these circumstances, it is critical that EQIAs are being undertaken to support decision-making and policy development. In the review of local authority policies, only 7 had EQIAs available for charging policy changes. One other local authority referred to an EQIA, but this was not publicly available. Of the 7 EQIAs, only 2 contained substantive data. This is outlined in the Who Accesses Care section of this paper and supports an understanding of who is accessing chargeable care services. As highlighted, no assessment has been undertaken of the charging thresholds.

Councillors involved in this research shared a feeling that they cannot challenge IJB decisions, and the decisions are not interrogated to the same degree as within council committee processes. 

One councillor interviewee stated: 

"It’s pretty much a rubber stamp. The way the IJB works in terms of my involvement at that strategic level and the council work are like chalk and cheese. So there’s really, really hard lines within health and IJB of what’s operational level and we do not get involved in that on pain of death."

Councillors in both urban and rural local authorities highlighted that they often only receive high-level budget information and data.

Alongside the lack of data driving decisions on social care charging is the well-recognised lack of data on unmet care needs. This complicates the removal of social care charges, due to concerns about increased demand when charges are removed, based on existing unmet need. In order to better understand unmet need, research at the University of Glasgow has highlighted the need to bring in a statutory definition of unmet need, better record unmet need and conduct a nationwide aggregation and analysis of unmet social care needs (Zarkou and Brunner, 2023).

In addition, challenges to co-production or even consultation (principles from the COSLA guidance) were highlighted in a local authority interview in relation to budget timescales. With the national budget being shared in December, there was limited time to look at the specifics of charging ahead of local budget approvals by March. This research found examples of consultation undertaken on changes to local policy, but the ambition for co-production was limited, and there are no publicly available examples of where a process of co-production has taken place. At a national level, none of the major disabled people’s organisations have been engaged in the policy review, and no national analysis or modelling has been conducted on the impact on low-income households.

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