Contents

Introduction.. 3

Section 1: Adoption Allowances - Eligibility for financial support 4

The child’s eligibility for an allowance. 4

Approved adopters’ eligibility for an allowance. 4

Allowances for Foster & Kinship Carers who adopt.

5

The Adoption Allowance. 6

How the allowance is paid. 6

Pre-Adoption Allowance. 7

Siblings Group Placements. 7

Conditions for payment of Adoption Allowances. 8

The Adoption Allowance

The Council must consider the circumstances of each individual child to determine eligibility and the amount of adoption allowance that will be paid. The Adoption and Children (Scotland) Act 2007 and the Adoption Support Services and Allowances (Scotland) Regulations 2009 provides the circumstances under which local authorities are allowed to pay an Adoption Allowance:

1. where it is necessary to ensure that the adoptive parent can look after the adoptive child;
2. where the child needs special care which requires expenditure of resources by reason of illness, disability, emotional or behavioural difficulties or the continuing consequences of past abuse or neglect;
3. where it is necessary for the adoption agency to make any special arrangements to facilitate the placement or the adoption by reason of:
4. the age or ethnic origin of the child or
5. the desirability of the child being placed with the same adoptive parent as the child’s brother or sister or with a child with whom the child previously shared a home  
6. where such an allowance is to meet recurring costs in respect of travel for the purpose of visits between the child and a relative; or
7. where the adoption agency considers it appropriate to make a contribution to meet the following kinds of expenditure –
8. expenditure on legal costs, including fees payable to a court in relation to an adoption.
1. expenditure for the purpose of introducing an adoptive child to the child’s adoptive parent; or
10. expenditure necessary for the purpose of accommodating and maintaining the child, including the provision of furniture and domestic equipment, alterations to and adaptations of the home, provision of means of transport and provision of clothing, toys and other items necessary for the purpose of looking after the child.

How the Allowance is Paid

Adoption Allowances are the exception rather than the rule, the Council’s overarching philosophy is that prospective adoptive parents are expected to meet the costs usually associated with bringing up a child (taking into account child benefit, tax credits etc). Adoption Allowances will be paid where unusual costs are incurred or it is anticipated financial detriment is likely to be experienced when meeting a child’s additional support needs. In such cases an Adoption Allowance can be paid to prospective adopters to support the health and development of an adoptive child or the continuation of adoption arrangements after an Adoption Order is made.

The Allowance can be paid in a number of ways and for a variety of reasons:

1. As a regular Adoption Allowance:
   1. It is necessary to ensure that the adoptive parent can provide for the adoptive child,
   2. It is necessary to support the child’s developmental needs or special care due to illness, disability, emotional or behavioural difficulties including the continuing consequences of past abuse or neglect,
   3. special arrangements are needed to support the adoption due to:
      1. Age, developmental needs or ethnicity of the child,
      2. Contact for a child with their brother, sister, or child with whom they previously shared a home.
2. A one-off payment can also be made to support a specific need of the child. For example, unexpected financial hardship which is detrimental to the child.

Pre-Adoption Allowance

The Allowance can also be paid in the form of a ‘Pre-Adoption Allowance’. For example,

1. When a child is placed with prospective adopters on a concurrent or ‘fostering to adopt’ basis, and prior to the match being approved by the Adoption and Permanence Panel.
2. When legal delay is incurred during the adoption process resulting in the child, who is eligible for an Adoption Allowance, not being adopted within the anticipated timeframe.
3. When a child’s needs or the adopters’ circumstances change in such a way that positively impacts their eligibility for an Adoption Allowance.

Family Group Placements

Where brothers and sisters are placed together and neither child would attract an allowance based on needs, only the younger child will be eligible for an Adoption Allowance. Where brothers and sisters are each eligible for an Adoption Allowance owing to their individual needs, an Adoption Allowance will be payable in respect of each child.

The following table reflects the Council’s practice regarding eligibility for an Adoption Allowance within a sibling group arrangement. 

It is to be noted that this is a guide, exceptional circumstances may apply, and the Adoption Allowance is subject to means testing.

Conditions for payment of Adoption Allowances

An Adoption Allowance which is to be paid periodically or by instalments will not be payable unless and until the adoptive parents both agree to the following conditions for payment. 

The adoptive parents must advise the Council as soon as possible-

1. of any change of their address so that the Council can continue to issue payments to the correct address, and also because there may be a need to reassess the level of allowance; or
2. if the adoptive child ceases to have a home with the adoptive parents (unless the Council considers the continuation of the adoption allowance necessary having regard to the needs of the child or any other exceptional circumstances); or
3. if the adoptive child dies; or
4. if the adoptive child ceases full-time education and commences employment; or
5. if the adoptive child qualifies for income support or job-seekers allowance in his or her own right; or
6. if the adoptive child attains the age of 18 unless he or she continues in full-time education or training in which case the adoption allowance may continue until the end of study year; or
7. if there is a change in either the adoptive parents’ financial circumstances or the adoptive child’s financial needs or resources which may affect the care of the child.

Where this information is given verbally the adoptive parents must confirm it in writing within seven days.

If the adoptive child dies, the adopter will be entitled to retain the Adoption Allowance to the end of the payment period within which the child has died.  To avoid over payment the adoptive parents should inform the Council of the adoptive child’s death as soon as possible. The Council will endeavour to manage any over-payment under these circumstances sensitively.   

The adoptive parents must complete and supply the Council with an annual statement of the following:

1. the continuing financial needs and resources required by the adoptive child; and
2. their address and whether the adoptive child continues to live at that address.
3. information which evidences how the needs of the child and how the Adoption Allowance is and will be used to meet the child’s needs. (Supporting information might include a school or health report setting out the child’s needs)

Where any of the conditions above are not complied with the Council may vary, suspend or cease payment of an allowance and seek to recover all or part of an allowance they have paid. 

The Council may decide as a result of the review to reduce or terminate an Adoption Allowance. However, before making that decision the Council must give the adoptive parents an opportunity to make representations.  The Council will give the adoptive parents notice of the proposed decision and the period allowed for making representations.  The Council may suspend the Adoption Allowance pending any decision in this regard.

The Adoption Support Services and Allowances (Scotland) Regulations 2009 do not provide for an Adoption Allowance to recommence once it has been terminated. It is therefore important that payments should be described as suspended rather than terminated where circumstances other than those set out above apply, for example where there has been an increase in the adoptive parents’ income. 

The adoptive parents may prefer to assume the responsibility for meeting the adoptive child’s needs without financial assistance and feel able to do so even though they might otherwise have been eligible for an allowance.