2.2.3 Residence Order Allowances |
Contents
1. Background
A local authority may make a contribution to a person in whose favour a Residence Order has been made, except where a Residence Order is made in favour of a parent.
The allowance, if made, is for the maintenance of the relevant child or children.
As the allowance is seen as a contribution towards the child’s maintenance, there should not be any element of reward in the calculation of the payment.
2. Criteria
Residence Order Allowances may be considered in the following circumstances:
- Where the social work team has had an active and significant role in the child’s welfare.
- Where the child’s parents are prevented from looking after the child
- Where a Children's Plan is in place which identifies that a Residence Order supported by a Residence Order Allowance is the most suitable way to ensure the child’s welfare and maintain contact with his or her family; or
- Where the child is Looked After and the child’s Care Plan identifies that it is in the child’s best interests for his or her carers to obtain a Residence Order.
Residence Order Allowances are not automatic and require an assessment of the child’s needs. The carers’ eligibility must also be established by a means test.
The assessment of the child’s needs can be presented in one or more of the following formats:
- A Core Assessment Record
- A Court report
- A Care Plan
- A Review of Arrangements Form for a child’s Looked After Review
- BAAF Form E
Residence Order Allowances will only be paid to a person in whose favour a Residence Order has been made, except where this is a parent. Residence Order Allowances cannot be paid to parents.
Residence Order Allowances will only paid as long as the Residence Order continues in force up to the child’s 18th birthday.
Residence Order Allowances will usually be no greater than two-thirds of the basic fostering allowance, unless exceptional circumstances apply. Any decision to exempt from the usual procedure can only be made by the Designated Manager (Residence Order Allowances).
3. The Process
It is important that the following process is completed prior to the Court hearing of the carers’ application for a Residence Order. Carers must be informed in advance of the hearing of the level of Residence Order Allowance to be paid and the Court should be informed of the decision also.
Where the local authority is involved in Court proceedings that result in a Residence Order being made, the child’s social worker must consider whether the criteria for payment of a Residence Order Allowances apply and advise the carer of the right to make an application.
The decision to pay a Residence Order Allowance must be informed by one of the following:
- A Core Assessment
- The child’s Looked After Review
- The child’s Care Plan
- A request by a person holding a Residence Order
A decision to pay a Residence Order Allowance will be made by the Designated Manager (Residence Order Allowances).
The child’s social worker must submit a request for the payment of an allowance supported by the following documents (as applicable):
- A Core Assessment Record
- Relevant Court reports
- A Care Plan
- A Review of Arrangements Form for a child’s Looked After Review
- BAAF Form E
- The minutes of any relevant meetings
The decision of the Designated Manager (Residence Order Allowances) must be recorded in writing.
4. Financial Assessment
If the payment of a Residence Order Allowance is agreed, the child’s social worker must send the carer a Financial Assessment Form for completion and return to the social worker, accompanied by supporting documentation. The social worker will then pass the Form to the Finance Department.
Where the child is Looked After, and the child’s foster carer is applying for a Residence Order Allowance, the fostering social worker may assist the foster carer to complete the form.
Where the child has special needs, which result in additional expenses over and above the general maintenance allowance, the child’s social worker should itemise the additional costs incurred as a result of each need, and add this to the financial information to be submitted to the appropriate Department.
The Designated Manager (Residence Order Allowances) will confirm the amount of the Residence Order Allowance in writing to the carers once the financial assessment is complete.
5. Reviews
Residence Order Allowances will be reviewed annually by the Finance Department.
In addition, a social worker may visit the child and the carers at least annually in order to review the arrangements for the child’s care and the appropriateness of continuing with the payment of the Allowance.
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.
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