Council chiefs yesterday admitted there was no end in sight to the confusion over charges for free personal care.

It emerged on Thursday that local authorities may need to refund around £20m after overcharging the elderly for the cost of preparing food in their homes.

Edinburgh City Council is next week expected to agree to a one-off payment of £2.1m to 820 people it overcharged, after taking legal advice.

However Cosla, the council umbrella organisation, said that without a definitive ruling from a court or a funding deal with ministers there would continue to be a patchwork of charging policies round the country.

Eric Jackson, spokesman for Cosla, said he hoped Edinburgh's decision would goad the Scottish Executive into action and resolve the issue.

The confusion stems from the 2002 act which introduced free personal care for the elderly, which said councils could charge for some additional care in the home, but explicitly ruled out charging for food preparation.

Attempts to define what is meant by food preparation have failed, with different councils interpreting the phrase in different ways. For example, some charge for making tea, others do not.

In 2004, the executive even admitted its own guidance on the matter was inconsistent with the law passed in 2002.

Frustrated by the confusion, Edinburgh council obtained its own legal opinion, which has said it was acting beyond its powers in charging for food preparation.

Mr Jackson said Edinburgh's example did not necessarily force other councils to follow suit, as there were different legal opinions on the issue.

"It's frustrating for everybody, because what want to do is look after people in our own areas. There needs to be clarity and perhaps this will act as a spur."