Adoption Allowance and Special Guardianship Allowance. Delete as Applicable. The Child Arrangements Order Allowance will be reviewed annually. The allowance is reviewed annually and this is to determine that the allowance is still appropriate. The local authority may pay Child Arrangements Order Allowances to relatives or friends, unless they are a spouse or civil partner of a parent, with whom a child is living under a Child Arrangements Order. As part of the permanence planning for the child (for example this may be the four month Looked After Review), consideration: In the event of a request for appeal. (a) the revised financial policies (at Appendices B to D) are implemented from 1 September 2016 for all new special guardianship orders, child arrangement orders and adoption orders. Procedure for Approval of Allowances 6. The Child Arrangements Order Allowance will be varied as the child moves into the next age band, from the date of the child's birthday. (2) Exceptionally, an allowance may be considered in other cases, where the child is not, and is not at risk of becoming, a Child in Care. SCOPE OF THIS CHAPTER . Please return tear off slip in SAE provided. However, the local authority has a power to make a discretionary contribution to a person in whose favour a Child Arrangements Order has been made, except where the order is made in favour of a parent. Legislative Context 2. Directorate for Children and Young People, i.e. Coal Clough Lane, Approved foster carers who become Adopters or Child Arrangements Order holders may experience a reduction in income because: Any fostering fee ceases to be paid; This means you can agree to things like medical and dental treatment, choice of school, overnight stays for the child, school trips and you can take the … Lancashire would support a Child Arrangements Order for a Lancashire child and pay an allowance according to the same hardship criteria as above, wherever the child was placed. automatic uplift on the allowance paid for the day to day costs of care which is currently linked to payments which support adoptive, special guardianship and child arrangement orders. (1) They replaced Residence and Contact Orders respectively. A Child Arrangements Orde r (since 22/04/2014) is an order from the Family Court setting out arrangements for where a child is to live. Where the local authority considers that it is necessary to ensure that the person in whose favour the Child Arrangements Order is made can look after the child; Where the local authority consider that the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of his illness, disability, emotional or behavioural difficulties or the consequences of his past abuse or Neglect. In all cases, payment of a Child Arrangements Order Allowance is at the discretion of the Head of Service. This may include a relative of the child or a non-relative with whom the child has formed a relationship. The payment of a Child Arrangements Order Allowance begins from the date of the Court Order. Assistance with Legal Fees Where a Child is Subject to a Care Order 5. Notification of Outcome of Assessments and Decisions; Underpayments, Overpayment and Recovery of an On-going Payment; Ending an On-going Payment termination of allowances, over payments. Local authorities have powers to pay allowances to people with Child Arrangements Orders (formerly Residence Orders) and Special Guardianship Orders. If you’re giving full-time care to a child, you can get information from: 1. set up costs will be paid through Section 17 monies, if required; Should a foster carer who wishes to progress the placement to secure a child legally, whose care presents additional costs – then an additional allowance will not be guaranteed but would be reviewed as it would be if the carer were still receiving fostering allowance. For relatives or parents or others who have a Child Arrangements Order and whose need for help arises subsequent to the order being made, and who live in another area, then the assessment and responsibility for meeting any needs will rest with the Local Authority in whose area the child and carer live. https://www.proceduresonline.com/barnsley/cs/p_charr_allow.html Desktop | Mobile | Responsive. Initially any representation should be made to your social worker. A complaint may be made in the usual way, if an issue cannot be resolved. Preston A Child Arrangement Order is made under Section 8 of the Children Act 1989. This document is only valid 72 hours after printing. Any support with legal costs of conducting proceedings will be subject to a condition that the local authority will pay no more than the applicable legal aid rates for the work undertaken. BB11 4NJ, Hyndburn and Ribble Valley Fostering Team 1. General Principles 3. Child Arrangements Order allowances are considered where there are financial or support needs in respect of a child which will be recognised through the payment of an allowance. Financial Assessment Criteria for Special Guardianship/Child Arrangement Order / Residence Order Allowances, together with the intended timeline for implementation. A Child Arrangements Order is an order that regulates with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or otherwise have contact with any person. See, Family and Friends Care Procedure, Adoption Order. You must be approved as a foster carer if the local council has officially asked you to look after a child. Ribbleton, The Child Arrangements Order Allowance is means tested. You can request a full copy from your social worker in the Family Placement Team or from the child's social worker: Morecambe Bay Area Fostering Team Levels of the allowance payable are as follows: Carers who have a Child Arrangements Order are able to claim Child Benefit. If no application is received at the end of … Fernbank, However, City of York Council has adopted the following policy in relation to the decision whether to pay an allowance in individual cases: A Child Arrangements Order Allowance may be considered: In each of the above cases, an allowance will not be paid unless it has been decided that: The situation when this is most likely to happen is where foster carers are caring for a child and acquiring Parental Responsibility forms part of their overall wish to care for the child on a permanent basis. Bluebell Way, May I remind you that you are responsible to inform the Directorate of any change in circumstances that may affect your allowance. Child Arrangements Orders may be made by the court under section 8 (amended) and 10 of the Children Act 1989. This is set out in paragraph 15 of Schedule 1 of the Children Act 1989, however this is discretionary. A Child Arrangements Order Allowance has not been agreed in respect of: Local authorities have the power to pay an allowance to a carer with a Child Arrangements Order. White Cross, Where a child's foster carer applies successfully for a Child Arrangement Order with the support of the County Council, the County Council will provide a Child Arrangements Order Allowance. For example, if the child is not likely to become a Child in Care but is likely to experience inconsistent care from a range of family and friends; Any additional need that the child may have, which may make it particularly important for the child to remain in a stable living arrangement. The Child Arrangements Order allowance is payable in respect of the child who is subject to a Child Arrangements Order who is resident with you. Introduction 2. Whether a child is already settled in the home of family or friends when the local authority becomes involved; Where an arrangement is unlikely to be sustainable without an allowance and if so, the likely consequences of breakdown. This chapter was added to the manual in April 2017. a similar allowance paid under a Child Arrangement Order, both of which follow the same process for the calculation and payment of financial support. If the child's carer wishes to receive an allowance for a longer period they must reapply and the need will be reassessed. Introduction 2. This reflects the child's plan for permanence; but. Special Guardianship support is covered elsewhere. In cases of extreme hardship, any request for help would need to be considered and assessed against Section 17 criteria. Where a child lives, or is to live, with a person as the result of a [child arrangements order], a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child. Consideration of any such allowance can only be authorised by the Assistant Director, who must be consulted before workers enter into discussions with the carers. The Red Rose Hub, Preston City Park, 14 Child Arrangement Orders were introduced in April 2014 by the Children and Families Act 2014 (which amended Section 8 Children Act 1989) and replaced Contact Orders and Residence Orders. (1) The term ‘Child Arrangements Order’ includes both orders directing with whom a child is to live (formerly residence orders) and orders directing with whom the child is to spend time (formerly contact orders). 4. Financial Support for Carers with Non-Agency Adoption Orders 7. When an Allowance is Payable 9. Review of Child Arrangements/Special Guardianship/Adoption Order Allowances 10. The rate of payment is linked to the age of the child. A review can take place sooner if: See Guidance on Payment of Adoption Allowance, Special Guardianship Order Allowance and Child Arrangement Order Allowance for full details of: Guidance on Payment of Adoption Allowance, Special Guardianship Order Allowance and Child Arrangement Order Allowance, Assessment for Child Arrangements Order Allowance, Family and Friends Care Procedure, Adoption Order, Guidance on Payment of Adoption Allowance, Special Guardianship Order Allowance and Child Arrangement Order Allowance, Level of Payment, Guidance on Payment of Adoption Allowance, Special Guardianship Order Allowance and Child Arrangement Order Allowance, Foster Carers. (2)Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife or civil partner of a parent of the child. What is a Child Arrangement Order? The additional expenditure must be justifiable. However, if no allowances are in place when the order is made but a subsequent claim is made under the hardship criteria, Lancashire would assess the need for any support under the hardship criteria for Section 17 support. When a foster carer is granted a Child Arrangements Order, fostering allowances payments will cease. You may be entitled to an allowance following an assessment of the child’s needs and a financial means test. This can be paid until the child is … Child Arrangements Order (with Residence Requirement) Allowance. The criteria for paying a Child Arrangements Order Allowance are as follows: 1. The applicants will be expected to apply for Legal Aid if it is available to them. Process to be followed when the Local Authority is supporting an application made by a family member or relative for a Child Arrangements Order or Special Guardianship Order. This is set out in paragraph 15 of Schedule 1 of the Children Act 1989 however this is discretionary. Where the Local Authority has issued care proceedings and where a court is satisfied that the child cannot remain in the care of the parent, but decides that it is in the child’s best interests to make a Child Arrangements Order in favour of a foster carer, Connected Person Foster Carer or other adult connected with the child instead of a care order; Where a Child Arrangements Order is made in favour of a relative or other person connected with the child and such an application is supported by the Local Authority and is a clear alternative to applying for a care order and there is sufficient evidence to satisfy the threshold criteria for the making of a care or supervision order. Child Arrangements Allowances were introduced as part of the Children Act 1989 and the purpose of them was to enable a child to be legally cared for by another family where otherwise financial constraints would prevent this. This allowance, known in City of York Council as a Child Arrangements Order Allowance, is seen as a contribution towards the child's maintenance; there is no power to include any element of reward in the calculation of the payment. https://yorkchildcare.proceduresonline.com/chapters/p_charr_allow.html (b) all current allowances are financially reviewed and deductions for eligible child benefit and child tax credits are introduced consistently from 1 September 2016. Financial Support for Special Guardians 4. Initial any representation should be made to relevant social worker. This decision will then be reviewed and approved at District Manager level. The equivalent of basic fostering allowances allowance may be paid; The equivalent of 'enhancement' may be payable. Appeals regarding Child Arrangements Order Allowances are heard by Panel or a subcommittee of it. This is more likely to be paid if the child was previously looked after by the local authority, but even then there is no automatic entitlement. Where a Child Arrangements Order sets out with whom a child is to live, that person will be granted Parental Responsibility which is … Only some people can apply for a Child Arrangement Order without the permission of the Court. Alternatively, where a child is the subject of a care order, the local authority can apply for the discharge of the order and invite the court to make a Child Arrangements Order in favour of a Foster Carer. Do not agree with the Child Arrangements Order Allowance Agreement Such orders can however also be made in respect of children who are currently placed with foster carers, including Independent Foster Agency Carers and Connected Person Foster Carers either temporarily or fully approved. Financial support from Local Authorities must complement and not duplicate financial support available through benefits and … accessibility Payment of Child Arrangements Order Allowances will commence from the date of the Order. The power to pay an allowance relates only to the ‘live with’ type of order. Child Arrangements Order Allowance - Where a foster carer acquires a Child Arrangements Order for a child who was a Child in Care. 2.2 Criteria Child Arrangements Order financial support will only be paid in respect of a child/ren who are or have been looked after by the Local Authority, or where the Local Authority is supporting a Care Plan for a Child Arrangements Order to prevent a child/ren coming into its care. Appeals regarding Child Arrangements Order Allowances are heard by Panel or a subcommittee of it. In promoting permanent stable family placements for children, consideration will be given to the payment of a Child Arrangements Order Allowance and support with legal and court costs. Details of transitional payments where these apply will be included in the Proposal letter. In December 2016 this guidance was reviewed and updated throughout; it should be read in full. Business Support will review allowances … Child Arrangements Orders can be made until the child reaches 18 years. If the local council didn’t ask you to look after the child you don’t have to tell them the child has come to stay with you. Business Support will carry out the annual review of these cases at other times. They are: A parent, guardian or special guardian of the child; Someone who has Parental Responsibility; Someone who already has a Residence Order for that child See Guidance on Payment of Adoption Allowance, Special Guardianship Order Allowance and Child Arrangement Order Allowance, Foster Carers. PR 5 6UQ, Burnley, Pendle and Rossendale Fostering Team On-going Financial Support on a Set Payment Basis Where a Child is Subject to A Care Order 8. A Child Arrangements Order can therefore arise in any of the following circumstances: In all of these cases, the court will also have the option of making a Special Guardianship Order. Most Child Arrangements Orders are made in private law proceedings where the local authority is not involved. The Child Arrangements Order allowance will: Not include any reward element; Be means tested and take into account the financial resources of the holder of the Order including any financial benefit arising from the placement of the child e.g. A Child Arrangement Order sets out with whom the child should live, spend time or other contact arrangements and gives the holder of the order parental responsibility for the child. Such assistance will only be considered when the Local Authority supports the carer’s proposal to apply for a Child Arrangements Order. The family are reminded that it is their responsibility to notify Lancashire County Council of changes in their circumstances or those of the child: If an overpayment is made due to a failure to give this information, the Local Authority may seek to recover the payment. Clitheroe Principles Underlying the Provision of Financial Assistance for Child Arrangements Orders 4. A complaint may be made in the usual way, if an issue cannot be resolved. If you have any queries about this review please contact me. This reflects the Council’s policy that priority should be given to its duty to promote the upbringing of children within families by reducing the need for children to become or remain Children in Care and is in accordance with statutory guidance. Exceptional payments in the form of time limited or single payments may be made when: the child has particular or special needs which result in additional expenses over and above the general maintenance allowance. Bamber Bridge, Privacy Policy Similarly, tax-paying carers need to be advised that the Child Arrangements Order Allowance may be taxable. Payment of the Child Arrangements Order Allowance will automatically end when: Child Arrangements Order Allowances will not be reduced for working children (up to 18 yrs old). See Guidance on Payment of Adoption Allowance, Special Guardianship Order Allowance and Child Arrangement Order Allowance, Level of Payment. If an overpayment has been made for example because it is found that the child is no longer resident, or for any other reason, the local authority may wish to recover the overpayment. Assessments for a Child Arrangements Order allowance will be undertaken from the date of the request for assessment and, where payable, the allowance will be backdated to the date of the request. References in this chapter to Child Arrangements Orders are therefore to that type of order. If there is an overpayment as a result of a failure to notify the council of a change in circumstances, then the council may seek to recover this money. 2. After the decision has been made to pay a Child Arrangements Order Allowance the following information must be given to the family taking the Child Arrangements Order in writing: This information is included in form ROA4 and should be sent to the family taking the Child Arrangements Order following the agreement of the level of the allowance. Child Arrangements Order: This is an order from the court which can say: o who a child lives with and o with whom they spend time, and for how long. In most such cases, the child will be accommodated under s20 as opposed to a care order; At the conclusion of an application for discharge of a care order, where the child's Final Care Plan is permanency with the Foster or Connect Person carers long-term and the child's assessed needs can be met by the carers without the continuing need for a Care Order; At the conclusion of care proceedings, where the outcome of the decision-making process is that the child's Final Care Plan is for the child to be permanently cared for long-term with family members, but the child's assessed needs do not require the child to be subject to a Care Order. The review form sent to families should state their liability to repay monies if they give false information or fail to notify the local authority of a significant change in circumstance. Changes in the Carer and Child's Circumstances - Notifications Directorate for Children and Young People, child benefit, Tax credit or any benefit which has been or can be claimed for that child. In some circumstances, financial support may be available if you obtain a legal order formalising the arrangements for the care and upbringing of the child. Review, Variation and Termination of Residence Order Allowance 10 The Residence order Allowance will be reviewed annually. In exceptionally rare cases the local authority will consider requests for assessments pre-dating the request but this will only be in cases in which it can be shown that severe hardship was suffered in the placement in the absence of an allowance during that period. The next review of the allowance will take place on (date). The allowance ceases to be paid if the child no longer lives with the carer on a full time basis, if the Child Arrangements Order is discharged, if the annual review of the carers financial circumstances establishes that they are no longer eligible for payment. Financial Support for Carers with Agency Adoption Orders 6. Carers in receipt of benefits should be advised that their benefit may be reduced if they are in receipt of a Child Arrangements Order Allowance. Social workers should therefore not give specific advice to families but may direct them to seek advice from Welfare Rights for assistance in this matter or contact the benefits agency or Tax office directly. All Child Arrangements Order allowances are means tested in line with the nationally prescribed means test. Business Support will inform the relevant team when they are undertaking reviews on young people in these circumstances. Brindle Road, A Child Arrangements Order Allowance has been agreed in respect of: Financial Support for Carers with Child Arrangements Orders 5. Payments will be paid: ............................. (state frequency). All families in receipt of allowances, if the child has a disability, will be reviewed by a children's social worker when the young person reaches 14 in line with their transition review. This will usually be supported by the local authority. Pimlico Road, In promoting permanent stable family placements for children, consideration will be given to the payment of a Child Arrangements Order Allowance and support with legal and court costs. The payment method will be by BACS system to account: ............................................................. The weekly level of payment is determined by a financial assessment (means test). Directorate for Children and Young People, In other cases, the local authority may support a family member to apply for an order. This would not have been practicable without the payment of an allowance, having fully taken into account the financial and domestic circumstances of the applicant. The child's social worker must consider whether the criteria for payment of an allowance are met, based on the criteria established in Section 1, Policy. It replaces residence orders and contact orders under s.8 Children Act 1989. The Child Arrangements Order Allowance is based on the local fostering rate. (Remember if you were previously a foster carer for Lancashire County Council that once foster allowances have ceased and Child Arrangements Order is paid that you are no longer covered by Lancashire County Councils fostering insurance scheme). Once a decision has been made that an allowance is payable, you would be informed in writing of the details: You are asked to acknowledge the arrangements and either agree to them or ask for an appeal. This is set out in paragraph 15 of Schedule 1 of the Children Act 1989, however this is discretionary. The directorate will contact the family with the RO and allowance to confirm that the arrangement is still in existence. The local authority itself cannot apply for such an Order, but it can support foster carers to apply. There is no statutory right for a person in whose favour a Child Arrangements Order has been made to receive a financial assessment in relation to Child Arrangements Order allowances. Allowances will not normally be paid where a child is not, and is not at risk of becoming, looked after. 3. The local authority becomes aware of a change in financial circumstances; or. Consideration may be given to assistance by way of a financial contribution towards legal and court costs but this will be dependent on individual circumstances. The amount of allowance should be reduced pound for pound by the amount of child benefit. Delete as Applicable. Annual review may also lead to the level of payment being varied. The carers are to be advised to claim all appropriate benefits they are entitled to. Payment of a child arrangements order allowance is agreed for a fixed period, up to a maximum of two years. Because of the wide variety of circumstances in which this provision may be invoked, there are no set criteria for authorising an allowance.