On-going Financial Support on a Set Payment Basis Where a Child is Subject to A Care Order 8. 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. Personality, background, attitude to education; Relationships, strengths, vulnerabilities; Support networks, extended family dynamics; Experience, knowledge of parenting, refer to own childhood if necessary; Parenting capacity in relation to the specific child; Others in household, attitude to RO application, interests, employment; Particulars of any previous applications or approvals for adoption or fostering; An allowance for the applicants’ living allowance is calculated (based on Income Support allowances plus 25% of income, and essential expenditure such as rent or mortgage). The Child Arrangements Order Allowance is based on the local fostering rate. (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). Guardian Allowance payments cannot usually get paid into: 1. Disclosure and Barring Service (DBS) and Social Service Dept checks, referees x 2, Social Work Assessment and recommendation. They can also make sure that contact with the child/children is supervised if this is necessary due to family circumstances. There is sufficient concern about the care of the child and the placement can no longer be supported; Notification is received that the child is no longer living with the holder of the Child Arrangements Order; The carers no longer meet the financial criteria for a Child Arrangements Order Allowance; An Interim Child Arrangements Order does not become a full Child Arrangements Order. Disability Issues – THIS IS A SPECIALIST AREA AND CoramBAAF form F2, part 3 should be used for reference as to additional information needed. The social worker must ensure that the Foster Carer is aware of this. Enforcement orders are dealt with under Section 11J of the Children Act 1989. Where the Care Plan identifies that it is in the child’s best interests for his or her carers to obtain a Child Arrangements Order but the potential carers have not been assessed as substitute carers, an assessment should be undertaken. From that maximum allowance, a means test should be carried out, in order to reach the appropriate allowance. The calculation of Child Arrangements Order Allowance is based on the following: If the carer meets the financial criteria for a Child Arrangements Order Allowance and the other criteria identified above then a Child Arrangements Order Allowance is paid. This document is only valid 72 hours after printing, BMBC Adoption, Special Guardianship and Child Arrangements Order Allowances Policy, Assessment for Child Arrangements Order Allowance. Introduction 2. (1) They replaced Residence and Contact Orders respectively. Assistance with Legal Fees Where a Child is Subject to a Care Order 5. Decision Making – All Allowances 8. We assume it is based on remarks in the Lewisham case in 2008 repeated in the Kirklees case in 2010 that Bradford (like many councils) have until now interpreted as requiring them to harmonise their fostering allowance rates with SGO Allowances, without requiring the same of their schemes for calculating Child Arrangement Order or Adoption Order Allowances. If you have 1 or 2 children, you’ll get an extra amount for each child. Procedure for Means Testing - Residence Orders. Child Arrangements Orders can be made until the child reaches 18 years. Local authorities have the power to pay an allowance to a carer with a Child Arrangements Order. Merton had considered the DfE model and declined to use it, on the basis that it did not reflect the circumstances of the family. A child will no longer be a Looked After Child once a Child Arrangements Order is made and the fostering placement comes to an end. This may include a relative of the child or a non-relative with whom the child has formed a relationship. 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. 3. When is a Child Arrangement Order Appropriate? Application to the Inland Revenue should be made by the carers for tax credits. Adoption Allowance and Special Guardianship Allowance. The allowance, if made, is for the maintenance of the relevant child or children and, if agreed, is payable from the date the Child Arrangements Order is made. Child Arrangements Orders may be made by the court under section 8 (amended) and 10 of the Children Act 1989. For many of the children featured on the web sites in our Children's section the agencies make adoption allowance payments to help their adopters meet the child's particular needs. Talk to your social worker to find out if you can get this allowance. Currently, child arrangement carers who have been assessed as being eligible for an allowance are paid an allowance pursuant to the 2009 Residence and SGO Allowances scheme. child arrangement orders will look first to any personal resources, tax credit or benefit available by way of financial support for the child. See BMBC Adoption, Special Guardianship and Child Arrangements Order Allowances Policy. https://yorkchildcare.proceduresonline.com/chapters/p_charr_allow.html Child Arrangements Order Allowances will be reviewed annually by the Finance Department to establish whether the Allowance should be adjusted or withdrawn. Financial Support for Carers with Non-Agency Adoption Orders 7. 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. Changes in the Carer and Child's Circumstances - Notifications Duration of Allowance 7. Review Procedures The Child Arrangements Order Allowance is based on the Basic Adoption Allowance rate LESS child benefit, any tax credits, i.e. See BMBC Adoption, Special Guardianship and Child Arrangements Order Allowances Policy. The weekly level of payment is determined by a financial assessment (means test). If not returned, the allowance may be suspended until the necessary information is received. In other cases, the local authority may support a family member to apply for an order. Such an application will usually be supported by the local authority, which may contribute to the court fees and / or other legal costs; As a result of private law proceedings brought by connected person foster carers of a Child in Care. 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 carer's financial circumstances establishes that they are no longer eligible for payment. A review can take place sooner if: Privacy Policy The completed FPU 136R, when received, will be sent to the Finance Department, and a copy retained on the file at the Family Placement Unit. 7.4 For those families taking a residence order on a child who meets the criteria there will be no financial assessment and the allowance will be payable at the equivalent fostering allowance rate (excluding any child benefit that the family may be eligible for) 2003/4 rates Age Fostering allowance weekly Fostering Allowance Calendar monthly As a result of private law proceedings where the local authority is not looking after the child and is not considering looking after the child; As a result of private law proceedings brought by family members who are caring for the child as an alternative to the child becoming a Child in Care. Financial Review Forms will be sent by post with a deadline date for return. In all cases, the child’s social worker should ensure that the prospective carer is aware of all the Benefits available to them, i.e. All child arrangements order allowances are subject to an annual financial review. (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. Such orders are often granted where parents of a child or children separate and there is a dispute about where the children should live, or with whom they should spend time. child tax credit and working tax credit, and any residual income. Where the Adoption and Permanency Panel’s endorsement of the Permanence Plan as in the best interests of the child is not required, the conclusion that a Child Arrangements Order is the appropriate Permanence Plan for the child is made through the usual planning and review process based on the current and up to date needs assessment of the child and an assessment of the proposed carer and presented to the Designated Manager (Child Arrangements Orders) for authorisation. Child Arrangements Order Allowances may be considered in the following circumstances: In both of the above cases, a Child Arrangements Order Allowance can only be paid if: Carers should apply for a decision on the payment of an Allowance in advance of an application to the Court for a Child Arrangements Order. a trust fund) of the child. 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. You may get more money on top of your standard allowance if you’re eligible. 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. In both cases, the assessment report should include a Contingency Plan for the child in the event that the carer is no longer able to continue caring for the child. 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. You may be entitled to an allowance following an assessment of the child’s needs and a financial means test. A decision to pay a Child Arrangements Order Allowance will be made by the Designated Manager (Child Arrangements Order). Recipients of Child Arrangements Order Allowances will be provided with written materials describing how the scheme works and the expectations they must comply with. Once approval in principle has been given, the social worker will refer the case to the Family Placement Unit, Adoption Team Business Support Officer, for a financial assessment of the carers to be carried out by the Finance Department. Where the Adoption and Permanency Panel has already considered a Permanency Decision for Permanency for the child, a further report should be presented to the Adoption and Permanency Panel. 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. https://www.proceduresonline.com/barnsley/cs/p_charr_allow.html Where carers applying for a Child Arrangements Order Allowance have previously been approved as foster carers, no further assessment of the carers is required. Desktop | Mobile | Responsive. The Adoption and Permanency Panel’s recommendation will then be referred to the Agency Decision Maker for approval. We use cookies to track usage and preferences. (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. There are also situations where somebody with whom the child is not living wishes to acquire Parental Responsibility and care for the child on a similar basis. You do not have a right to this, but the social worker does have the power to pay it, although it would be means tested. The administrative staff in the Family Placement Unit will send the carers a financial circumstances form (FPU 136R) for completion, together with the revelant explanatory leaflets. The local authority becomes aware of a change in financial circumstances; or. Whilst carer's financial circumstances remain unchanged, the allowance will be paid up to the young person's 18th birthday unless the court has provided that that the order will expire before then. The format of the application should cover the following issues: Accommodation: any safety issues. https://www.proceduresonline.com/lancashirecsc/p_ch_arr_allow.html child tax credit and working tax credit, and any residual income. This is to support a plan for the child and is considered under 'special circumstances'. Where there is a very significant reason for an exception to be made the Head of Service, Care Resources, should be consulted. Payment of Child Arrangement Order Allowances 5. Child Arrangements Order (with Residence Requirement) Allowance. The Child Arrangements Order (Allowance) application should then be provided for the Designated Manager (Child Arrangements Orders). This reflects the child's plan for permanence; but. The rate of payment is linked to the age of the child. Procedure for Approval of Allowances 6. Specific and/Or Time-Limited Assistance for Children Subject to Child Arrangements Orders 7. The administrative staff at the Family Placement Unit will inform the child’s social worker of the outcome. It will only be in exceptional circumstances that a Child Arrangements Order Allowance will be considered appropriate such as where the child’s social worker providing family support work is clear that the child would need to be accommodated if a Child Arrangements Order with Allowance were not possible. This will take into account the financial resources of the holder of the Child Arrangements Order including any financial benefit in the form of maintenance, welfare benefit payments or other forms of income or capital arising from the placement of the child. The child - the financial needs that arise (e.g. Income Support) can get paid every week. A Child Arrangements Order with whom the child is to live with, was referred to as a “Residence Order” prior to 2014; such an order establishes with whom the child(ren) are to live with on a full-time or shared basis. 4. The allowance (b) is subtracted from the available income (a) leaving a sum which is a residual income. 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 money gets paid into a secure bank account every 4 weeks. If 2 families join together, the eldest child in the new family qualifies for the £21.05 rate and any other children who are eligible will get the £13.95 rate. Child Trust Fundaccounts or children's accounts. This who qualify will get a weekly allowance rate of £17.90 tax-free per child. The Child Arrangements Order Allowance will be the subject of annual review, which will be administered by the Finance Section. A Child Arrangements Order may be used to increase the degree of legal permanence in a placement with relatives or friends, or a long-term fostering placement, where this would be in the child's best interests. 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. This is a complicated area … Reviews may take place more frequently where there has been a significant change in the child’s circumstances or where the circumstances otherwise require it. Once you’ve got your Child Arrangements Order, there’s no additional entitlement to support, although you will be able to claim Child Benefit and Child Tax Credits if applicable. Each Child Arrangements Order is decided on the circumstances of the individual family and on what is in the best interests of that particular child. Where an approved foster carer or Connected Person Foster Carer (including temporary approval) applies to the court for a Child Arrangements Order with the support of the Council, in respect of a child who is already a Child in Care (whether accommodated under s20 or the subject of a Care Order); or. References in this chapter to Child Arrangements Orders are therefore to that type of order. This means that there is no such thing as a ‘usual’ arrangement. It is expected that the carer will apply for the Child Benefit allowance which will then bring the rates below into line with the rates paid to Long Term Foster Carers or Adopters. Assistance with Legal Fees Where a Child is Not Subject to a Care Order 6. The Child Arrangements Order Allowance is means tested. 1. Financial Support for Carers with Child Arrangements Orders 5. Financial Support for Carers with Agency Adoption Orders 6. This should include the Child’s Permanence Report or CoramBAAF Form E suitably modified to fit the circumstances of a Child Arrangements Order for the child requesting a recommendation that a Child Arrangements Order is in the child’s best interests. 1. A review will also be carried out on receipt of any information that suggests that there has been a significant change in the carer's financial circumstances. A deduction is made in respect of Child Benefit and Tax Credits paid for the child. See SI.No.1039/2011, SI.No.845/2012 and SI.No.371/2018 for details. 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 … The social worker’s assessment as to whether the criteria for a Child Arrangements Order Allowance are met will be presented to the Designated Manager (Child Arrangements Orders) for approval in principle that a Child Arrangements Order Allowance should be paid, subject to the financial assessment of the carers. In this case, … A profile of the child and their needs to include specific reference to why a Child Arrangements Order and allowance is needed to safeguard and promote the child’s welfare; Family composition to include household members, other significant family members, age, ethnicity, religion, occupation, relationship to child; Brief Background History – consider following issues as appropriate:-. Contact Issues: Links with birth family, any difficulties, child protection issues. For approved foster carers who have been fostering a child who becomes the subject of a Child Arrangements Order, transitional payments may be made in respect of the carer's Fostering Fees that cease to be paid when a Child Arrangements Order is made. This Order makes amendments to secondary legislation in consequence of section 12 of the Children and Families Act 2014, which removes the definition of “residence order” and “contact order” in section 8(1) of the Children Act 1989 and replaces it with a new order, the “child arrangements order”. If the carer does not meet the financial criteria then no allowance is paid. Remember, the payments are in addition to the standard Child Benefit payment. You could set up a standing order or use a money transfer service. Types of Financial Assistance 3. Application to the Inland Revenue should be made by the carers for tax credits. Recent case law confirms that the rate for Special Guardianship Allowances should be calculated in line with fostering allowances. The calculation and covering letter FPU 137A should be sent to the carers who have 28 days to query the calculation. Any requests for exceptional payment of Child Arrangements Order Allowance will be subject to a prior assessment, coordinated by the Service Manager with the prior agreement of the Head of Service. Single parents, or for those receiving other benefits (e.g. Financial Support for Special Guardians 4. Extra amounts. The preliminary assessment could assist carers to determine whether or not they are able to pursue an application for a Child Arrangements Order. What is a Child Arrangement Order? However, Barnsley MBC 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. In many cases this will mean that either the mother or father of the child(ren) will be the primary carer. This is now referred to as a “Lives with Order”. Even so, some exceptions apply to the usual benefit payments frequencies. *- Since 2011/12 and 2012/2013, the increased rate of guardian's allowance does not apply to payments being made to a person living abroad. Your Child Maintenance Arrangement; Paying child maintenance through a family-based arrangement. The statutory power to pay an allowance is not restricted to cases where the child is a Child in Care, or indeed to cases where the local authority has pre-existing involvement. The core allowance, plus any additional enhancement, needed to meet the child's needs should be calculated and used as the maximum allowance. This allowance, known in Barnsley 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. This chapter should be read in conjunction with: BMBC Adoption, Special Guardianship and Child Arrangements Order Allowances Policy. 1. Child arrangement carer payments are based on 75% of the fostering rates. In addition the procedures for approving Permanence Plans for Looked After Children must be followed – see Decision to Look After a Child (Care and Permanence Planning Procedure). When Foster Carers apply for a Child Arrangements Order, the allowances are based on the basic rates of fostering allowance only (minus child benefit), and are not means tested for a period of 2 years. There is reason to believe that the arrangements may no longer be the most appropriate way of meeting the child's needs. If a child is placed with you by the local authority then unless you agree with them when they place the child that it is to be a private arrangement, you may be entitled to be assessed as a foster carer and receive a fostering allowance. A local authority may make a contribution to a person in whose favour a Child Arrangements Order has been made, except where a Child Arrangements Order is made in favour of a parent. This would be particularly important if the carer is elderly or health is uncertain. (2) Family and Friends Care: Statutory Guidance for Local Authorities para 4.6. The applicants will be expected to apply for Legal Aid if it is available to them. 2… Deductions may be made to take into account Child Benefit and Tax Credit. 15(1)Where a child lives, or is to live, with a person as the result of a child arrangement order, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child. The local authority itself cannot apply for such an Order, but it can support foster carers to apply. The carers satisfy the financial assessment for an allowance; The carers hold a Child Arrangements Order; The carers have given written notification to the local authority before applying for a Child Arrangements Order that they intended to do so and would be applying for a Child Arrangements Order Allowance. In these circumstances, the child’s social worker should provide a report to the Designated Manager (Child Arrangements Orders) based on the needs assessment of the child and the suitability of the carer. It replaces residence orders and contact orders under s.8 Children Act 1989. In this advice sheet, the Child Arrangements Order we are talking about is one that sets out who the child should live with, for example a grandparent carer. Allowances will not normally be paid where a child is not, and is not at risk of becoming, looked after. For more information about how a Child Arrangement Order can help you, see our case study. The power to pay an allowance relates only to the 'live with' type of order. The Business Support Officer will liaise with the Finance Department. Introduction 2. an assessment by the child’s social worker to determine the level of needs, presented to the funding panel and the enhancement rate will be reviewed on a yearly basis. 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. 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. This can be paid until the child is … 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. A preliminary financial assessment can give an indication whether an Allowance, IF AGREED, would be payable and at what rate. Details of transitional payments where these apply will be included in the Proposal letter. The Department reserves the right to withdraw the allowance if, Decision to Look After a Child (Care and Permanence Planning Procedure), In exceptional circumstances, where an assessment has identified that a child would become, Where the child is Looked After and the child’s. A family-based arrangement allows you and the other parent to choose a payment method that suits both of you. 3. Principles Underlying the Provision of Financial Assistance for Child Arrangements Orders 4. Disability issues – refer to Form F2 part 3. Annual review may also lead to the level of payment being varied. An amount for general household expenditure not specifically included in the table below will be calculated using the current Income Support allowance rates increased by 10%.

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