4.11.2 Residence Order Allowances |
SCOPE OF THIS CHAPTER
This chapter describes the circumstances when Looked After children may become subject to a Residence Order and should be read in conjunction with the Permanence Planning Guidance.
The local authority may make a discretionary 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. This allowance known as a Residence Order Allowance is seen as a contribution towards the child's maintenance, there should be not be any element of reward in the calculation of the payment. In Bradford .such payments are only made when the child was Looked After immediately prior to the Residence Order being made
There are two different sets of arrangements in Bradford for payment of Residence Order Allowance. Those made in respect of Residence Orders made before 31st December 2005 and those made after December 2005. These arrangements were amended on 31st December 2005 to align Residence Order Allowances with Adoption and Special Guardianship Allowances following the introduction of the Adoption & Children Act 2002.
All payments are subject to the prior approval of the Group Services Manager (Resources)
This chapter should be read in conjunction with:
- Assessment of Foster Carers or others who wish to acquire Parental Responsibility Procedure
- Ongoing Payments in respect of Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance
AMENDMENT
This chapter was introduced in August 2009 and is subject to review.
Contents
1. Eligibility
These allowances are paid when a child or young person was looked after by the Local Authority (i.e. accommodated or the subject of a Care Order) and where it has been decided that the making of a Residence Order in respect of a particular applicant(s) would be in the child's best interests and if this reflects the child's plan for permanence but 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.
Allowances cannot be paid if the person with whom the child lives or is to live is a parent of the child or husband or wife of a parent of the child.
The allowance ceases to be paid if the child no longer lives with the carer on a full time basis. The allowance will be paid up to the young persons 16th birthday but may be paid up to the child's 18th birthday provided that they remain in full time education or training.
Recipients of Residence Order Allowances will be provided with written materials describing how the scheme works and the expectations they must comply with.
2. Arrangements for Residence Order Allowances made for Residence Orders made before 31 December 2005
Amount
The Residence Order Allowance is paid at a rate equivalent to the Fostering Allowance at 2005/06 subject to annual up rating. The rate of payment is linked to the age of the child. A deduction is made in respect of Child Benefit paid for the child. There is no financial assessment (means test). There is an additional payment of 4 weeks allowance in lieu of additional grants that would have been paid to foster carers for birthdays, holidays and festivals. This is paid on a pro rata basis over 52 weeks
It is possible for the holders of Residence Orders that were made before 31st December 2005 to request a financial assessment of their circumstances and to elect to be paid at a level that linked to the level of National Minimum Fostering Allowance in the same way that holders of Residence Orders made after 31st December 2005. Requests for such an assessment should be made to the Allowances Section at the near end of the financial year in February or March
This change between levels of payment is one way, it cannot be reversed.
Holders of Residence Orders that were made before 31st December 2005 could potentially see a rise in weekly payment as the level of National Minimum Fostering Allowance is higher than the rate equivalent to the Fostering Allowance at 2005/06 subject to annual up rating. They need to be advised that there are risks associated with switching to the level of payment linked to National Minimum Fostering Allowance because the actual level of payment is subject to financial assessment (means test). See Ongoing Payments in respect of Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance - Section 2 Level of Payment
Enhancement
A number of enhancements are paid to some recipients where at the time that the allowance became payable the recipient incurred additional expenses associated with the child and it was agreed that such enhancements be made. These enhancements will be reviewed during the annual review of Residence Order Allowance. Recipients are required to produce documentary evidence to demonstrate that the additional expense continues to be incurred.
3. Arrangements for Residence Orders and Residence Order Allowances made after 31 December 2005
Residence Order Allowances may be paid when a child has been Looked After and when a Residence Order is a permanence outcome specified in the child's care plan. 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. 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. This may include a relative of the child or a non relative with whom the child has formed a relationship.
Types of Support (ROA made after 31.12.05)
There are a number of ways in which the Residence Order Allowance may be paid :
The Residence Order Allowance- Weekly Payment is linked to the level of National Minimum Fostering Allowance. This is the same rate paid for Adoption Allowance and Special Guardianship Order Allowance. The rate of payment is linked to the age of the child. A deduction is made in respect of Child Benefit and Tax credits paid for the child. The weekly level of payment is determined by a financial assessment (means test). See Ongoing Payments in respect of Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance - Section 2 Level of Payment
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.
Any requests for exceptional payment of Residence Order Allowance will be subject to a prior assessment that is coordinated by Manager- Residence Order Allowances for consideration by the Group Service Manager (Children's Care Resources).
Exceptional payments may then be made following the formal agreement of the Group Service Manager (Resources) at the time the Residence Order is made or at a future point in the circumstances described above.
Consideration will be given to assistance towards legal and court costs but this will be dependent on individual circumstances. Such assistance will only be considered when the Local Authority supports the carers proposal to apply for a Residence Order. See Assessment of Foster Carers or others who wish to acquire Parental Responsibility Procedure
Approved foster carers who have been fostering a child who becomes the subject of a Residence Order will experience a drop of income as the allowance rates are higher in the Bradford Fostering Allowance Scheme than in the Residence Order Allowance scheme. There are transitional arrangements for a graduated reduction in allowance payment over a two year period as carers move from the Bradford Fostering Allowance Scheme to the Residence Order Allowance scheme. Transitional payments will also be in respect of the carers Fostering Fees that cease to be paid when a Residence Order is made. Details of transitional payments where these apply will be included in the Proposal letter. See Ongoing Payments in respect of Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance - Section 11, Foster Carers
Seeking Agreement for Application for Residence Order
The process by which the care plan may be modified is described in Assessment of Foster Carers or others who wish to acquire Parental Responsibility Procedure. This procedure describes the process of assessment and decision making regarding the potential viability of a Residence Order and associated support.
Assessment of Support Needs
It is important that carers know what support is available should they apply for a Residence Order. This support can include:
- Residence Order Allowance
- Other support including short term time limited financial support or one off grants. These are exceptional payments. made at the discretion of the budget holder (Group Service Manager- Resources)
For Assessment of Financial Support see Ongoing Payments in respect of Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance, Section 3 Assessment for Financial Support.
4. Payment of Residence Order Allowance
- Notice of Outcome of Assessment and Decision regarding ongoing payments
- Terms and Conditions
- Commencement of Payment
- Suspension of an ongoing payment.
- Underpayments, Overpayments and Recovery of an ongoing payment
- Cessation of an ongoing payment
Procedures for dealing with the above can be found in Ongoing Payments in respect of Adoption Support, Special Guardianship Support and Residence Order Allowance Guidance - Section 2 Level of Payment
5. Review of Allowance
The Residence Order Allowance will be the subject of annual review, which will be administered by the Allowances Section.
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