3.11.3 Adoption Financial Support |
RELATED CHAPTERS
See Adoption Support Services Procedure.
This chapter was updated in February 2012. Section 3, Types of Payment and Section 4, Assessment for Financial Support were amended and should be re-read. A link was also added to the RBKC Factsheet “Benefits of Fostering and Adoption”.
Contents
- Introduction
- Criteria
- Types of Payment
- Assessment for Financial Support
- Notifications
- Terms and Conditions
- Annual Review of Support
- Ending of Financial Support
1. Introduction
The scheme for financial support to adopters provides for the following:
- Use of lump sums for example set up grants before an adoptive child joins the household;
- Decisions to pay can be made at any point;
- Additional flexibility for foster carers who adopt children already placed with them;
- Statutory pay and leave for adopters from April 2003. (See the leaflet “Benefits if you Foster or Adopt” also available from the Family Placement Service and on the Borough website);
- Existing allowances to continue;
- Eligibility criteria to be established (as set out below).
Financial support is intended to supplement existing means of support available to adoptive parents and the child or children being adopted. Lack of finances alone should never be a reason for a child not to be adopted.
2. Criteria
The circumstances in which provision of financial support may be paid are as follows:
- Where the child has not yet been placed with the adoptive parents for adoption, and financial support is necessary to ensure that the adoptive parents can look after the child if placed with them;
- Where the child has been placed with the adoptive parents for adoption, and financial support is necessary to ensure that the adoptive parents can continue to look after the child;
- Where the child has been adopted, and financial support is necessary to ensure that the adoptive parents can continue to look after the child;
- Where it is necessary for the local authority to make special arrangements to facilitate the placement or the adoption because it is desirable that the child be placed with the same adoptive parent as his brother or sister (whether a full or half sibling), or with a child with whom he has previously shared a home;
- Where the child needs special care which requires a greater expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or neglect;
- Where on account of the age, sex or ethnic origin of the child it is necessary for the local authority to make special arrangements to facilitate the placement of the child for adoption or the adoption;
- Where such support is to meet the recurring costs of travel for visits for the child to members of the birth family or significant others;
- Where the local authority considers it appropriate to contribute towards expenditure on legal costs, including Court fees (in cases where the adoption is supported by the local authority), or expenses associated with the child’s introduction to the adoptive parents or expenditure on accommodating the child (e.g. adaptations to the home, furniture, clothing or transport).
3. Types of Payment
Payment to adoptive parents may be made in the following ways:
- Regular payments (basic adoption allowance) - which will be based upon the developmental age of the child and calculated as agreed from time to time by the borough;
- Lump sum payments (settling in costs, special needs and adaptations), which will cover items or adaptations that are required as a consequence of assessment of each child’s individuals needs. Payment may be in instalments and will end at a time specified by the borough;
- Payments in special circumstances (for a child with additional needs or when foster carers adopt a child for whom they are already caring);
- Payments when adopters incur legal expenses and always in contested cases;
- Payment may be in instalments and may end at a time specified by the borough.
4. Assessment for Financial Support
Adoptive parents may be entitled to all or part of the above payments. The Adoption and Permanency Panel will be asked to recommend whether an allowance should be paid at the time that it is considering a proposed match for a child. The Panel will be asked to recommend an enhanced rate if applicable. The child’s social worker will present a short report to the panel with details of why an allowance is recommended.
The amount paid will be determined by an assessment carried out by the social worker who will consult widely in order to determine whether an enhancement for financial and adoption support is required.
As part of this assessment, the adopters should be asked to complete a Financial Assessment Form and the social worker should forward the completed form to the Finance Department for a calculation using the Borough’s standard means test.
The Adoption Support Plan (see Adoption Support Services Procedure) will include the proposed financial support agreed by the Designated Manager (Adoption Support).
In relation to proposed financial support for a new placement, the Adoption Support Plan will be submitted to the Adoption Panel when a matching recommendation is being considered. See Placement for Adoption Procedure.
If an exceptional level of financial support is required or recommended agreement must be obtained from the Agency Decision Maker at the time the adoption match is proposed. The letter written to the prospective adopters when the agency decision is made should include details of the proposed financial support.
5. Notifications
The administrative staff in the adoption service will send the adopters written notification of the decision to provide financial support and any changes in support. This includes the amount and terms of the financial support and information about annual reviews.
To ensure that adoptive families are able to demonstrate, if necessary, in relation to tax returns or benefit claims that payments should be disregarded, the written notification to them of the financial support will include following statement: “This payment is made in accordance with regulations made pursuant to paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 and the payment is to be exempt from tax. In addition the payment will be disregarded if you currently receive, or apply to receive Child Tax credit or Working Tax credit.”
6. Terms and Conditions
If it is decided that financial support should be given to adoptive parents, payment may be subject to conditions and a date specified by which the condition is to be met, for example, the authority may specify that equipment for which financial support has been given to meet identified need of a child be installed by a certain date and that all receipts for said equipment be made available for inspection.
Prior to making financial support available to prospective or adoptive parents, they will be required to agree to inform the adoption service:
- Of changes to their home address;
- If the child (for any reason) no longer lives with them;
- If there are any changes to their financial situation.
Where information is given orally, adoptive parents must confirm this in writing within 7 days.
7. Annual Review of Support
Adoptive parents must complete and supply the authority with a statement of their circumstances that will be reviewed annually.
This statement asks adoptive parents to specify the following:
- Their financial circumstances;
- The financial needs and resources of the child or children;
- Their home address and whether or not the child or children live at home with them;
- If there have been any changes to their own or the child/children’s circumstances.
Should adoptive parents fail to comply with the requirements, a written reminder should be sent requiring them to comply within 28 days, after which the authority may suspend payment of the financial support provided.
8. Ending of Financial Support
Financial support will end in the following circumstances:
- When a child reaches age 18, unless he/she continues in full time education or training when support may continue until the end of the course of education or training being undertaken;
- Where a child ceases full-time education or training and commences employment;
- Where a child qualifies for income support or job seekers allowance in his/her own right;
- Where circumstances have changed significantly and the criteria are no longer met;
- If a child leaves the adoptive home and this is regarded as a permanent departure. Temporary absences do not apply, e.g. boarding school, hospital, and respite care;
- If the child dies.
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