Elderly people are being wrongly charged food preparation

This can include fees for services such as making a cup of tea or some toast, according to a survey by the charity Age Concern Scotland.

Food preparation should legally come under free personal care, but problems over definition have emerged.

Councils said they were holding talks with the Scottish Executive aimed at ending the "confusion" over the issue.

The executive said that food preparation should not be charged for.

Last year the Western Isles Council had to issue refunds to elderly men and women who had been charged for help with food preparation.

Law 'ignored'

Age Concern director David Manion said a survey had found 13 of Scotland's 32 councils were "illegally" charging older people for the service.

Speaking to BBC Radio's Good Morning Scotland programme, he said: "The Scottish Executive has sought legal advice on this and, in discussions with the Convention of Scottish Local Authorities (Cosla), they've come clean on the fact that councils should not be charging older people for the preparation of food.

"It's really quite astonishing that somewhere between Cosla and the executive, where both parties know that this is illegal, the law can be ignored."

Mr Manion added that Cosla had refused to talk to his charity about the issue despite "many" attempts to enter into discussions with the organisation.

We are currently in talks with the executive about ensuring there is no confusion on this issue Councillor Eric Jackson Cosla

He said that attempts to talk to Scottish ministers about the problem had also failed.

Mr Manion said: "I think they are a little bit embarassed about this because they've had three years to sort it out.

"It's quite unfair that in West Lothian you'll be charged for food, but in other parts of Scotland you won't be.

"I think it has become wrapped up in a row between the executive and local authorities over how much money is going into the pot of free personal care."

Interpret guidance

Free personal care was introduced in Scotland in 2002 by the Community Care and Health Act.

A Scottish Executive said said: "We have made it clear that assistance with the preparation of food is included in the scope of free personal care policy.

"We are working with Cosla to agree specifically what that should mean for those delivering and requiring such assistance."

However, Cosla's social work and health improvement spokesperson, Councillor Eric Jackson, said there did seem to be confusion on the issue.

He added: "At the moment, our advice to members is that the current legislation and guidance leave it up to individual councils as to how they interpret the guidance.