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Report to Cabinet re Special Guardianship and Residence Order Allowances
CABINET REPORT
FINANCIAL ARRANGEMENTS – SPECIAL GUARDIANSHIP AND RESIDENCE ORDER ALLOWANCES
1. Purpose of Report
1.1 On 30th December 2005 sections of the Adoption and Children Act 2002 relating to Special Guardianship Orders (SGO) were implemented. Decisions are required in relation to financial support for these orders and for new proposals in respect of Residence Order (RO) allowances.
2. Policy Statement
2.1 Where children, for whatever reason, are unable to live with their parents the Children and Young People’s Specialist Service seeks to maintain and support them remaining with friends and family if it is assessed to be in their best interest. The service encourages the use of Residence Orders in public and private law proceedings as an alternative to young people and children becoming or remaining looked after and this will be extended to Special Guardianship Orders.
2.2 When determining the most appropriate order, the least interventionist principle will apply, consistent with the child’s welfare being the departments paramount concern.
2.3 It is proposed that Special Guardianship allowances are aligned to Residence Order and adoption allowances to ensure consistency and equity. All Special Guardianship and Residence Order allowances will be means tested, as is already the case with adoption allowances. The DfES Means Test therefore will apply on all cases from a date determined by Cabinet.
3. Definition of Special Guardianship Orders
3.1 Special Guardianship aims to provide legal permanence for those whom adoption is not appropriate i.e. where the legal relationship with their birth families should not be severed. Special Guardians are able to exercise parental responsibility to the exclusion of all others (except other Special Guardians), including birth parents who retain parental responsibility (further information on these orders is included in Appendix A). Special Guardianship Orders last until a young person’s 18th birthday but can be varied and/or discharged.
4. Special Guardianship Applications
4.1 Persons applying for Special Guardianship orders must give local authorities three months written notice of their intention to apply, the only exception being where a person has leave to make a competing application where an adoption application has already been made. In addition to foster carers, applicants will include relatives/unrelated carers who are caring for children without the Local Authority having been involved in those arrangements and/or where there has been no prior involvement with CYPD. In all cases the local authority has to prepare a report for court and submit written summaries by a medical professional on the health history of prospective guardians and children.
5. Support Services (including Financial Support)
5.1 Local authorities have to make arrangements for the provision of special guardian support services which include counselling, advice information and financial support.
5.2 In cases where children are looked after (or were prior to the Special Guardianship Order) the child, special guardian or prospective special guardian and a parent must receive an assessment if they request one. Those who have been looked after have access to financial support and leaving care services, qualifying for “advice and assistance” between the ages of 16 and 20, from the Local Authority which last looked after the child. Ongoing financial responsibility for former looked after children remains the responsibility of the local authority in whose favour the Care Order was made. The Local Authority has a duty to assess the needs of people affected by special guardianship orders by way of an initial assessment within the DoH framework to see if they need services to support the placement. It should be noted that the duty is to assess need, and that there is no automatic entitlement to services.
5.2 In cases where children are looked after (or were prior to the Special Guardianship Order) the child, special guardian or prospective special guardian and a parent must receive an assessment if they request one. Those who have been looked after have access to financial support and leaving care services, qualifying for “advice and assistance” between the ages of 16 and 20, from the Local Authority which last looked after the child. Ongoing financial responsibility for former looked after children remains the responsibility of the local authority in whose favour the Care Order was made. The Local Authority has a duty to assess the needs of people affected by special guardianship orders by way of an initial assessment within the DoH framework to see if they need services to support the placement. It should be noted that the duty is to assess need, and that there is no automatic entitlement to services.
Support services can cover:-
Ø Assistance in accessing local, universal services (health/education/ benefits and tax credits)
Ø Advice and help to all those involved with the child
Ø Advice about contact with parents and other family members
Ø Accessing therapeutic services for the child
Ø Assistance in developing the relationship between the special guardian and the child, including parenting, respite care and practical support
Ø Time-limited financial support which is subject to means testing
5.3 Where a child has not been looked after all of those referred to in 5.2 plus any child of the special guardian and any other person considered to have a relationship with the child concerned may be offered an initial assessment of their need for a support service. Where a decision is made not to undertake an assessment, written notice must be given of the reasons for that decision after which 28 days are allowed for written representations. After this stage and should resolution not be achieved, the special guardian will have the opportunity to pursue any further challenge through the complaints process.
6 Current policy for Residence Order Allowances – Public Law Proceedings.
6.1 Residence Orders were introduced by the Children Act 1989. Residence Order allowances are discretionary and there is no recommended national standard amount. They usually cease when a child reaches 16 but can continue until 18, if determined via the court process, when making the order if “the circumstances of the case are exceptional.” Exceptional circumstances being considered where the young person has severe and complex physical needs. Where the child/young person needs special care that requires greater expenditure of resources by reason of ongoing severe and complex physical needs, disability. Sheffield City Council set two criteria for the payment of Residence Allowances:-
Ø If the Local Authority places a looked after child following the completion of an assessment with a relative or friend of the family who subsequently seek a Residence Order.
Ø If the child has previously been looked after and would need to be again, save for the payment of a Residence Allowance
6.2 Current payments are age banded, uplifted annually from the first of April each year and range from £79.00 up to £134.53 (minus child benefit). Any local authority financial support is disregarded in relation to the calculation of benefits and tax credits.
AGE | RATE PER WEEK |
0-4 | £79.00 |
10 | £90.04 |
11-1 | £112.06 |
16+ | £134.53 |
6.3 Originally Residence order allowances were only paid in respect of former looked after children. Although a committee decision 1996 had imposed a means test, Residence Order allowances have not been means tested since 2001 as foster carers (who had been in receipt of fostering allowances) were unwilling to accept reduced financial support. However payments in excess of £1m per annum (see11.1) are currently being made. Payments at this level cannot be sustained and a new payment system is required.
6.4 Where children have been looked after and then become subject to Residence Orders, an allowance is paid at the equivalent fostering allowance rate for 1 year minus Child Benefit, holiday, birthday and religious festival allowances (which amounts to an additional 4 weeks payments). After 1 year the rate reduces to a Residence Order allowance (which currently equates to an adoption allowance). Allowances are usually paid for the duration of the Residence order. Financial support will stop being paid if/when:-
Ø The child ceases to live with the carer with a residence order or special guardianship order
Ø The child ceases full time education or training and commences employment
Ø The child qualifies for Income Support or Jobseekers Allowance in his/her own right
Ø The child attains the age of 16 unless he/she continues in full time education or training, when it may continue until the end of the course or training he/she is then he/she is then undertaking at that time.
6.5 Where former looked after children are discharged to carers who have not previously received foster allowances, the Residence order Allowance (minus Child Benefit) is paid from the outset of the placement.
6.6 The current policy will consider in circumstances where it is evidenced that a child who is a non-looked after child and who is in public law proceedings, who would otherwise become looked after unless an allowance is paid to their kinship carer. In these circumstances, Residence Order allowances can be paid subject to a written report and approval by the Director of Specialist Services or the Senior Manager, Fieldwork Services.
6.7 Where payments outside this policy are requested, reports must be prepared and considered by the Children’s Specialist Services Senior Management team. Examples of this would be where Independent Fostering Agency (IFA) or local authority carers are unwilling to accept a reduction in allowances but where it is clearly in a child’s interest to leave the looked after system. Whilst this results in differential payments, legal advice has confirmed that each case has to be considered on its merits and court statements detail the reasons for particular decisions. It should remain the case that these should be exceptional payments requiring individual justification.
7. Current policy for Children subject of Private Law Proceedings
7.1 Where children meet the significant harm threshold and would be subject of public law proceedings were relatives/friends not prepared to offer placements, private law applications are often supported by CYPD. Certain relatives have struggled financially when agreeing to offer permanent care and there are now frequent applications for allowances in these situations. These applications are determined by the Director Children’s Specialist Services.( see 6.1/6.7)
7.2 DfES guidance recognises that payment structures will be linked to local variations in the cost of living and individual local authority budgets. DfES recommends that adoption and special guardianship maximum payments do not exceed fostering allowances and are means tested and that payments in individual circumstances should be determined by the needs of the child. Given the finite resource available in Sheffield it is proposed that means testing is introduced and that Adoption, Special Guardianship Order and Residence Order allowances are aligned and are paid at two thirds of the fostering allowance minus child benefit.
7.3 Foster carers are subject to supervision by local authorities and have to work with professionals from all agencies. They are expected to be involved in contact arrangements and attend statutory reviews/ meetings in respect of children for whom they are caring. They do not hold parental responsibility, but are caring for vulnerable children on behalf of the City Council.
7.4 The same requirements/expectations do not apply to those caring for non-looked after children and therefore the level of financial support they receive (plus the fact that they can access state benefits) should reflect these differences. Nevertheless these payments recognise that caring for someone else’s child is likely to incur additional costs and that these children are likely to have additional needs.
7.5 Children the local authority place in an emergency with family and friends become subject to Regulation (38) 2. Previously these carers were paid at a rate equivalent to fostering allowance. The proposal being that this group are paid from the point of placement at a rate equivalent to two thirds of the fostering allowance minus child benefit until assessment completion which determines permanency planning.
7. 6 Accessing Allowances
In order to access allowances the followings actions must be completed.
Ø A core assessment (leading to the preparation of the court report) must include a full assessment of the guardian’s income/outgoings and the cost of any special needs in relation to the child’s care.
Ø A full welfare rights assessment must also be undertaken. A recommendation must be made by the relevant Service Manager, based on Section 17 eligibility criteria, prior to any decision being made by the Director of Children’s Specialist Services or the Senior Manager, Fieldwork Services.
Ø Service Managers, again based on application of the Section 17 eligibility criteria, can determine one off payments. The DfES means test will be applied under these circumstances as referred to in paragraph 7.2.
Ø Approval must be sought in advance from the Service Manager Adoption to any decision being made in respect of Residence order, Special Guardianship or Adoption Allowance being agreed.
7.7 Where the children subject of public law proceedings (irrespective of whether they have been looked after) require permanent placements which are achieved via Residence or Special Guardianship Orders, they will be eligible for allowances.
7.8 Where the local authority determines that the welfare of children who are suffering (or are likely to suffer) significant harm can be safeguarded via relatives or friends making private law applications, they will also be eligible for financial support. Between the placement date and any order (final or time limited) whilst assessments are ongoing, payments will be at Income Support Dependent child allowance and will not be means tested. On the making of an order means tested allowances will be paid. It is proposed that the weekly adoption/Residence Order/Special Guardianship Allowance be as set out in 6.2 The DfES means test in respect of Residence order/Special Guardianship Order allowances should be introduced from a date as agreed by Cabinet. In relationship to a child with a disability, eligibility for Disability Living Allowance would not be taken into account as income when assessing the amount of financial support to be paid.
7.9 Where the Local Authority recommends a Residence Order cease at 16, the allowance will be paid until the end of the school year (year 11) (subject to the conditions in Appendix B). This will apply even if the court makes the order to 18. Only in “exceptional circumstances” where the Local Authority recommends an order continues until 18 will the allowance continue for the duration of the order. Exceptional circumstances defined as in Para 6.1
7.10 All Special Guardianship orders last until 18 and consequently allowances will be paid for the duration of the order (subject to the conditions in Appendix B).
7.11 Details of the proposed support arrangements (including finance) are attached at Appendix B.
7.12 Allowances will be reviewed and assessed on an annual basis from the date of the order.
7.13 This review will include a full financial re-assessment and verification of the child remaining in placement. The financial review would be a Business Support function.
7.14 The assessment will take the form of an Initial Assessment being undertaken within the DoH assessment framework by Social Care officers based within Family Placements. The implementation of this policy is viewed as representing good practice however it also brings “risks” of identification of greater needs and increased resource implications.
7.15 In undertaking these assessments any additional Child in Need issues identified would be addressed by FACT (Families, Adopters and Carers Team) based in Family Placements. Should child protection issues arise these would be dealt with by the relevant Area Assessment and Duty Team.
7.16 The proposals in relation to the means testing of allowances would not be applied retrospectively but the Initial Assessment would be.
7.17 New orders from the date the policy is agreed will be subjected to both the annual means testing review and Initial Assessment. Whilst it is acknowledged by implementing the policy in this way carers will be subject to different renumerations, the risk of not implementing a policy would be a continuing overspend and lack of clarity in respect of accountability for the budget.
7.18Notification letters have been sent to all current carers in receipt of these allowances advising them of the annual initial assessment.
7.19 It is proposed that the Adoption Service Manager has responsibility for the Residence Order and Special Guardianship budgets with effect from the date the policy is agreed as this will ensure consistency and introduce greater accountability. No Residence Order, Special Guardianship or Adoption Allowance can be agreed unless approved in advance by the Service Manager Family Placement, who has the delegated authority to ensure this policy is applied.
7.20 Any applications outside the usual policy will be subject of a written report and be determined by the Director Children’s Specialist Services/ Senior Manager Fieldwork.
8. Administration
8.1 It is proposed that a Finance Officer post is created to ensure independent financial assessments and reviews are undertaken. This post will means test and review all Residence Order and Special Guardianship Order allowances awarded after implementation of this policy. Salary, grade and line management of the post will be determined by the Business Information Manager within the Service. This level of support will be reviewed at six and twelve months.
8.2 This post will ensure objectivity and consistent application of the means test. Reviews will be undertaken annually from the date of the Order. Where recipients fail to submit annual statements detailing income and expenditure, payments will be suspended until relevant documentation is received and reviewed.
9. Equality Impact Assessment
9.1 An Equality Impact Statement has been undertaken and checked by the Equalities Officer in CYPD. The policy will be consistently applied therefore it is not felt to have any additional equality impact that would need to be addressed.
10. Financial Impact
10.1 The current number of allowances at March 31st 2007 was 281. Of these 64 orders commenced during 2006/7. The age profile being as follows
0-4 61
5-10 102
11-15 99
16+ 19
The current budget is £1,048,500.
10.2 Whilst it is possible to determine the current number of looked after children for whom Care Order discharge applications will be made, it is not possible to quantify which cases will result in Special Guardianship or Residence Orders, as that will depend on individual circumstances. It is anticipated that the Local Authority may be requested to undertake assessments in the following circumstances:-
Ø Where a child is currently looked after, either by a foster carer or kinship carer
Ø To prevent family breakdown and the child becoming ‘looked after’ where the Local Authority may support special Guardianship as a better alternative for the child than Local Authority care
Ø Where, in care proceedings, a family member, or friend of the family has been identified as being a suitable placement for the child and knowledge of or involvement with that family.
Ø In exceptional circumstances the Local Authority may consider contributing to legal costs including court fees associated with the making of, the varying of, the discharge of a Special Guardianship Order, an application for a section 8 (Contact Order, Prohibited Steps Order etc) or application for financial provision parent(s). Financial support so that the local authority may contribute to initial legal costs where appropriate but also any future legal costs that are associated with the order, to continue to support the existence of the order, again, where the local authority consider this to be appropriate.
When considering these external factors it is not possible to quantify specific or predicted costings. The probable trend is for volumes to remain constant, but predicating the future of social care needs is, by definition very difficult.
10.3 In relation to future public and private law proceedings it is not possible
to predict the number of children who may be made subject of Special Guardianship or Residence Orders. Neither the number of cases can be predicted accurately, nor can the Courts' usage of the new legislation. Again, frequent use of Special Guardianship will increase financial liabilities on the local authority.
10.4 The use of Residence Orders has facilitated a significant number of looked after children being discharged and in the last 21 months has prevented 104 children from becoming or remaining looked after. Had financial support not been provided, expenditure on permanent placement costs would have increased. The cost of a Residence Order / Special Guardianship Order Allowance, as detailed within this paper is 2/3 of the corresponding fostering allowance less child benefit. This will then be means tested. The associated costs for a child on a Residence Order are also considerably less as not only is the money paid to the carer less but the associated costs (Social Worker, Supervising Social Work, Reviewing, Business Support etc) are less. We would anticipate savings of approximately £500-00 per week for a child on a Residence Order compared to a child looked after and placed in a foster home with allocated social worker and supervising social worker.
10.5 Some payments to former IFA carers are higher than the agreed limits. However as they sustain the child in their current placement and they are at a lower fee than would be charged by an IFA they still represent a saving to the authority given that the average payment to IFA carers is £36-00 whilst the average payment for an IFA placement is £845-00.
10.6 There is no additional budget identified for Special Guardianship
Allowances this will be met from existing resources identified within the Adoption order, CYPD budget. Expenditure against Special Guardianship Allowances will be monitored over 2007-08. It is not anticipated that there will be additional children within the system as a result of the granting of a Residence or Special Guardianship Order but that these orders will be used to divert children from the Looked After System, effecting the savings detailed in 10.4 or as an alternative to adoption at no additional cost.
10.7 Services to children and families subject to Special Guardianship and/or Residence Orders will be provided by the Families, Adopters and Carers Team (FACT).
10.8 Funding for the social work post (full year £30,000) will be from the Family Placement Service baseline budget utilising funding made available for the implementation of the Adoption & Children Act 2002.
10.9 The Finance Officer post will be funded from the £250,000 Adoption & Children Act grant and the Administrative post will be from existing resources within Family Placement Services. The respective costs for a full year will be £22,150 and £18,000.
10.10 It is anticipated that where Special Guardianship Orders are granted that these will be as an alternative to a child becoming Looked After or being subject to a Residence Order.
10.11 Special Guardianship is a new order and it is not possible to judge how How often the Courts will choose to use it.
10.12 An impact assessment to monitor the above will take place in the first year. During this year funds for any Special Guardianship Allowances will be through the existing Adoption Allowance and Residence Order Allowance budgets.
Based on 50% of the 64 orders that commenced in 2006-07 being for children who would otherwise have become looked after to show a minimum projected budget were numbers to remain similar, the financial projection would be:
Item | Saving | Cost | Net |
32 children – Residence Order rather than LAC. | At a notional cost per week for a LAC of £500-00 x 52 weeks x 32 children= £832,000 | Residence Order payment 64 x 52 x average of £94-00 =£313,000 | £519,000 |
Social Work Staffing | £30,000 + 25% Team manager Salary (£10,000) = £40,000 | £479,000 | |
Business Support Staffing | SUG 1 / 2 + SUG 3 £18,000 + £22,000 = £40k | £439,000 | |
Contingency Costs | £200,000 | £239,000 |
The table above is based on the 64 new Residence Orders made in 2006-07. Based on only 50% of these preventing children becoming looked after but building in the full staffing costs in the Families Adopters and Carers Team (FACT); it is clear that financial saving Can be projected. Contingency costs are built in to cover additional need which may be uncovered through the annual assessment of these orders. Figures stated for the cost of Residence Orders are based on an average weekly cost without taking into account the
outcome of the means test.
11. Recommendations
11.1 Members are asked to approve the implementation of the proposed scheme for the payment of Residence, Special Guardianship Order and Adoption Allowance with effect from the date members approve the scheme.
11.2Agreement to resources currently being used to fund Adoption Allowances and Residence Order Allowances incorporate Special Guardianship Allowances and this be monitored and reviewed in 2007/8 with a view to setting a baseline budget for 2008/09.
11.3A Social Work post will also be identified to undertake qualitative annual reviews. This will be funded from the £250,00 Adoption & Children Act funding already in the Family Placement Service baseline budget.
11.4 Adoption, Special Guardianship and Residence Order allowances made under this policy will be subject to an annual DCSF Means Test.
11.4Requests for payments outside the agreed policy to be determined by the Director Children’s Specialist Services / Senior Manager Fieldwork.
Report of the Executive Director of Children & Young Peoples Services. Appendix A - Special Guardianship Information
The following individuals may apply for a Special Guardianship Order:-
· Any guardian of the child
· A local authority foster carer with whom the child has lived for 1 year or more immediately preceding the application
· Anyone who has a Residence Order in respect of the child or has the consent of all those who hold Residence Orders
· Anyone with whom the child has lived for three out of the last five years where the child is Looked After, any person who has the consent of the Local Authority
· Anyone who has the consent of all those with parental responsibility for the child and
· Any person, including the child, who has the Court's leave to apply
· Additionally, the Court may make an order in any family proceeding where it feels that to be appropriate.
Although parents can apply to Court for leave to discharge a Special Guardianship Order, the Court has to be satisfied there has been a significant change in circumstances since the Order was made.
Children cannot be known by a new surname without the Court's leave and the child cannot live abroad for more than 3 months.
Support Services
Those subject of Special Guardianship Order are able to request an assessment for support services and those who have been Looked After have access to financial support and Care Leaving Services, qualifying for 'advice and assistance' between the ages of 16 and 20 from the Local Authority which last looked after the child.
Children who have been previously looked after must receive an assessment whilst other children and adults may be offered a needs assessment. Where a decision is made not to undertake an assessment, written notice must be given of that decision.
Provision of services (other than periodic payments) must be reviewed when a change of circumstances arises but at least annually.
The principle in relation to financial support is that financial issues should not be the sole reason for Special Guardianship arrangements failing. Any local authority financial support is disregarded in relation to the calculation of benefits and tax credits.
When undertaking an assessment in relation to financial support, Special Guardians must demonstrate that they have accessed all appropriate benefits.
The regulations require the local authority to operate a 'means test' by considering:-
· Financial resources including savings, benefits, tax credits but not housing investment
· Reasonable outgoing and commitments
· Financial needs related specifically to the child and any resources of the child such as Child Trust Funds
The regulations also give the local authority discretion to disregard the means test in the following circumstances:-
· Initial costs of providing accommodation for a child who has been looked after
· Recurring travel costs related to contact
· Where special care is needed because of illness, disability, emotional or behavioural difficulties and
· Where consideration is being given to include an element of remuneration payments to carers who have formerly looked after the child on a fostering basis
This means test has to be disregarded when financial support is considered in relation to legal costs to make the application (or to vary an order) where the local authority supports the application. The local authority is not expected to meet the costs when it does not support an application or in non-looked after cases.
Conditions can be attached to financial support (including timescales and purpose) and where there is non-compliance, payments can be suspended or terminated and local authorities can seek to recover all or part of the financial support they have paid.
Special Guardians must be informed in writing of the conditions, which apply, and they must notify local authorities:-
· Of any changes of address
· If the child dies or ceases to live with them
· If the child ceases education, training or commences employment
· If the child qualifies for Income Support or Job Seekers' allowance and
· Any change in their personal financial circumstances
· Supply local authorities with an annual statement regarding their financial circumstances and the needs and resources of the child
Appendix B
INFORMATION FOR SOCIAL WORKERS FINANCIAL ARRANGEMENTS IN PERMANENCY PLANNING | |
Residence Order (Former Foster Carers) | |
1. | For 2 year following the making of the order, a means tested Residence Order allowance which is the equivalent of fostering allowance minus birthday, holiday and religious festival allowances |
2. | 50% of any fee paid to foster carers for the first year of the RO. This will not be means tested. |
3. | After 2 year, a means tested Residence Order allowance. |
4. | Carers are expected to claim tax credits, child benefit and other state benefits. |
5. | Allowances will be paid until the end of the school year following the young persons 16th birthday. Where the court makes the order until 18 but the Local Authority recommends it ceases at 16, allowances will cease at the end of the school year following the young persons 16th birthday. Where 'in exceptional circumstances' the Local Authority recommends the Residence Order ceases at 18, allowances will continue until 18 provided the young person remains in full time education. Allowances will cease when a young person receives Income Support, Job Seekers allowance or commences paid employment. |
6. | Any educational maintenance allowance will be deducted from the Residence order allowance. |
7. | Carers must provide an annual statement that the child still lives with them. They also have to complete an annual financial statement for means testing. |
8. | Advice from the FACT (Families, Adopters and Carers Team) within Family Placement |
Residence Order (Public Law proceedings - Relatives/friends who have not previously received fostering allowances) | |
1. | Carers are expected to claim tax credits, child benefit and other state benefits |
2. | Means tested Residence Order allowance. |
3. | Allowances will be paid until the end of the school year following the young persons 16th birthday. Where the court makes the order until 18 but the Local Authority recommends it ceases at 16, allowances will cease at the end of the school year following the young persons 16th birthday. Where 'in exceptional circumstances' the Local Authority recommends the RP ceases at 18, allowances will continue until 18 provided the young person remains in full time education. Allowances will cease when a young person received Income Support, Job Seekers' allowance or commences paid employment. |
4. | Any educational maintenance allowance will be deducted from the Residence Order allowance. |
5. | Carers who receive regular weekly allowances must agree to provide an annual statement that the child still lives with them. They also have to complete an annual financial statement for mean testing. |
6. | Advice from FACT (Families, Adopters and Carers Team) |
Residence Order (Private Law proceedings - Children meet significant harm threshold and would otherwise be in public law proceedings) | |
1. | Carers are expected to claim tax credits, child benefit and other state benefits |
2. | Between the placement date and any order (final or time limited), income Support Dependent child allowance. This will not be means tested. |
3. | Means tested Residence Order allowance from the date of the final order. |
4. | Allowances will be paid until the end of the school year following the young persons 16th birthday. Where the court makes the order until 18 but the Local Authority recommends it creases at 16, allowances will cease at the end of the school year following the young persons 16th birthday. Where 'in exceptional circumstances' the Local Authority recommends the Residence Order ceases at 18, allowances will continue until 18 provided the young person remains in full time education. Allowances will cease when a young person received Income Support, Job Seekers allowance or commences paid employment. |
5. | Any educational maintenance allowance will be deducted from the Residence Order allowance. |
6. | Carers who receive regular weekly allowances are asked to make an annual statement that the child still lives with them. They also have to complete an annual financial statement for means testing. |
7. | Advice from FACT (Families, Adopters and Carers Team) |
Special Guardianship (former foster carers) | |
1. | For 2 years following the making of the Order, a means tested Special Guardianship allowance equivalent of fostering allowance minus birthday, holiday and religious festival allowances. |
2. | 50% of any fee paid to foster carers for the first year of the order. This will not be means tested. |
3. | After 2 years, a means tested Special Guardianship allowance. |
4. | Allowances will be paid for the duration of the order which is 18, provided the young person remains in full time education. Allowances will cease when a young person receives Income Support, Job Seekers allowance or commences paid employment. |
5. | Any educational maintenance allowance will be deducted from the order allowance. |
6. | Special Guardianship support plan must be prepared at the time of the order or later following as assessment of need. This must be signed by the relevant Fieldwork Service Manager and approved by the FPS Service Manager. |
7. | Carers must provide an annual statement that the child still lives with them. They also have to complete an annual financial statement for means testing. |
8. | Access to advice and support from the 16+ Team (P & TC) when the young person is 16?? |
9. | Assistance with higher education up to the age of 21 |
10. | Carers are expected to claim tax credits, child benefit and other state benefits |
11. | Advice from FACT (Families, Adopters and Carers Team) |
Special Guardianship (Children not previously looked after/significant harm threshold not met) | |
1. | Carers are expected to claim tax credits, child benefit and other state benefits |
2. | No automatic right to any payments by CYPD. |
3. | Carers are able to request an assessment of need. The local authority can refuse an assessment but must put the reasons in writing. |
4. | As assessment may lead to a recommendation of the need for 'one off' or regular financial support. A regular weekly allowance is only agreed on exceptional circumstances. Section 17 eligibility criteria applies. |
5. | If agreed by the Director of City Wide Services or the Senior Manager Fieldwork Services, regular weekly means tested allowances can be agreed at anytime during childhood. |
Residence order (Children not previously looked after/significant hard threshold not met) | |
1. | Carers are expected to claim tax credits, child benefit and other state benefits |
2. | No automatic right to any payments by CYPD. |
3. | Carers do not have a right to request an assessment of need. |
4. | An assessment (prior to the order being made) may lead to a recommendation of the need for 'one off' or regular financial support. A regular weekly allowance is only agreed in exceptional circumstances. Section 17 eligibility criteria applies. |
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