Am I Entitled to a Care Needs Assessment in Scotland?

Who this guide is for

Adults in Scotland who need help to manage day to day because of illness, disability or age, and the family members or friends who care for them. It covers the right to a care needs assessment from the council, Adult Carer Support Plans, free personal and nursing care, care home charges and how to complain. The duty to assess is in the Social Work (Scotland) Act 1968.

What this guide does not cover

• England, Wales or Northern Ireland: the law is different. Read the guide for England, Wales, Northern Ireland.
• Care for a child, including a disabled child. This guide does not cover it: ask the council children's services.
• Care paid for in full by the NHS because your needs are mainly health needs. This guide does not cover it: ask the NHS or your GP.
• Benefits such as Attendance Allowance, PIP and Carer's Allowance: use the benefits checker.
• Managing someone's money or decisions for them (power of attorney): use the power of attorney checker.
• How councils charge for support at home other than personal care, the self-directed support options in detail, and when your home counts in a care home financial assessment. This guide does not cover them: ask the council or Citizens Advice Scotland.

The questions that decide the answer

1. Is the person 18 or over and living in Scotland? If they live in another nation, a different law applies.
2. Does it look as if they may need community care services? If yes, the council must assess them.
3. Is the help personal care (such as washing, dressing or eating) or other help (such as housework or shopping)? Personal care is free; other help may be charged.
4. For a care home: how much capital does the person have? That decides whether the council helps with the rest of the fees.

"Can I get a care needs assessment?"

Under section 12A of the Social Work (Scotland) Act 1968 the council must assess anyone who appears to need community care services. It then decides, using that assessment, whether their needs call for services.

Ask the council's social work department for an assessment. If your needs are urgent, tell the council when you ask.

Under the Social Care (Self-directed Support) (Scotland) Act 2013 you should be offered choices about how your support is arranged, including arranging it yourself with a budget.

"I look after someone"

You have the right to an Adult Carer Support Plan from your council, or a Young Carer Statement if you are under 18. It records your caring role, your needs, whether you are able and willing to carry on caring, what the council will provide, and an emergency plan.

Ask the council's social care department or a carer centre. You should get a written copy.

"Will I have to pay?"

Free personal care applies to every adult the council assesses as needing it, whatever their age, since April 2019. Free nursing care applies in a care home that provides nursing care.

From 1 April 2026 the council pays £260.30 a week towards personal care and £117.10 a week towards nursing care for an eligible care home resident.

You still pay for accommodation and living costs in a care home, subject to a financial assessment. You get no free personal or nursing care payments unless the council has assessed you as eligible.

From 6 April 2026 the upper capital limit is £36,750 and the lower capital limit is £22,750.

• Capital over the upper limit: you pay the care home fees less any free personal or nursing care payments.
• Capital between the two limits: the council counts £1 a week for every £250 or part of £250 between them.
• Capital up to the lower limit: it is ignored.

The value of your home or other property may count as capital. The council may charge for other support at home, such as help with housework or shopping.

In a care home you keep at least £37.65 a week for personal spending (from 6 April 2026).

The council can agree a deferred payment, so you do not have to sell your home in your lifetime to pay care home charges. It does not have to offer one. The deferred amount must be repaid when the agreement ends: 56 days after death, or earlier if the agreement is ended.

"The council refused, is delaying, or I disagree"

Complain to the council first and go through both stages of its complaints procedure.

If you are still unhappy, you can go to the Scottish Public Services Ombudsman (SPSO). It does not usually look at a complaint about something that happened more than a year ago.

Deadlines

• SPSO: it does not usually look at matters more than a year old, so complain to the council promptly.

Traps

• Using England's capital limits: Scotland's are higher.
• Thinking free personal care is only for people over 65: it applies to all adults assessed as needing it.
• Free personal care in a care home is a set weekly payment, not free accommodation.
• A carer in Scotland asks for an Adult Carer Support Plan, not a carer's assessment.