COUNCIL bosses have been told not to use government legislation as a justification for charging elderly people for care services.

Public Health Minister Michael Matheson has written to Glasgow City Council to tell officials a new act does not require them to charge.

Last month the council sent out letters to people who use day care centres to tell them they would have to pay up to £15 a day. The letter from Sharon Wearing, head of service development stated: "As a result of the Social Care (self directed Support) Act 2013 the council must now use the same system for financial contributions for older people over the age of 65.

"This is to make sure all people over 18 years who use social care services are treated in exactly the same way and that there is consistency and fairness across the whole social work system for adults in Glasgow."

The health minister however, has told the council this is not the case and has asked them not to make similar claims in the future.

He wrote to Gordon Matheson, leader of the council, to say there is no legal obligation on the council to introduce or increase charges.

Michael Matheson, Minister for Public Health said: "The Self-directed Support Act is there to give people more control over their lives by enabling them to design their own care packages if they want.

"It is not there to create a justification for local councils to charge people for services that were previously free. The Act does not create any new obligations on councils to charge people for services, and to claim otherwise is completely wrong.

"That's why I have written to Glasgow City Council to ask them to desist from making similar erroneous claims in the future."

The charges caused anger among people who use the services and their families and Kelvin SNP MSP Sandra White said she was contacted by concerned constituents. She asked the Scottish Government to confirm if the new legislation which came into effect last week meant charges were compulsory.

She said: "From my reading Glasgow City Council are using the recent Bill as an excuse to generate increased revenue. I say this as they argue that the social care act has forced them to increase charges which I don't believe it does."

A council spokesman said: "We did not say that the Act itself placed any obligations on the council to charge for these services.

"We said the effect of the Act meant that we had to introduce charges because we wanted to make sure that all people over 18-years who used social care services were treated in exactly the same way and that there was consistency and fairness across the whole social work system for adults in Glasgow.

"This is because equalities legislation requires us to deal with minority groups fairly and equally."

stewart.paterson@eveningtimes.co.uk