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Free Personal Care - A Change in the Law

In Scotland, any individual who is assessed as requiring care and is over the age of 65 is entitled to the “free personal care allowance”. This financial allowance is there to assist people in paying for care where it relates to day to day tasks e.g. washing, eating etc.

Leann Brown, an Associate Solicitor in our Dundee office comments, “From 1st April 2019, the rate of the free personal care allowance rose to £177 per week. For those living in care homes and who have been assessed as also requiring nursing care services, the rate payable rose to £80 per week. The capital thresholds also rose to £28,000 and £17,500. The lower of these two figures represents the point at which an individual will stop being deemed to be “self-funding” for care fee purposes. Once this point is reached, the Local Authority are required to fully fund care fees for those in need.”

Prior to 1st April 2019, those under 65 who fell into the above category would not be entitled to the free personal care allowance, meaning that those who had been diagnosed with illnesses such as Motor Neurone disease would not have been entitled to anything. Such individuals had to pay for their care themselves.”

Free Personal Care

Leann adds, “1st April 2019 saw the introduction of “Frank’s Law” which will allow those under the age of 65, who are assessed as requiring care, to claim this allowance. This change was the result of a campaign by the widow of the late Dundee United footballer, Frank Kopel. He was sadly diagnosed with vascular dementia aged 59 but was unable to claim this allowance to assist with his care due to his age. This represents a big change in funding policy and will help so many people.”  


For further advice on this or any other legal issues, visit www.millerhendry.co.uk


Posted 08/05/2019

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