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DCSF are proposing a pilot scheme for 10 LA's, 2008-11, under the heading 'Staying Put', whereby former foster carers will receive ongoing payments along the lines outlined by Gary Vaux in the Community Care article.
Scheme bumf says 'the DWP have confirmed that in future, allowances for carers who provide accommodation and support to care leavers will be treated in a similar way to fostering allowances'.
The amended form of para.28, Sch.9 IS Regs (HB etc all similar) says:
“28.—(1) Any payment made by a local authority in accordance with—
(a) section 17, 23B, 23C or 24A of the Children Act 1989(30),
(b) section 12 of the Social Work (Scotland) Act 1968(31), or
(c) section 29 or 30 of the Children (Scotland) Act 1995(32).
(2) Any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children and powers to grant financial assistance to persons in, or formerly in, their care) to a person (“A”) which A passes on to the claimant.
(3) Sub-paragraphs (1) and (2) are subject to the following provisions.
(4) Neither of those sub-paragraphs applies where the claimant is a person—
(a) to whom section 126 of the Contributions and Benefits Act (trade disputes) applies, or
(b) in respect of whom section 124(1) of the Contributions and Benefits Act (conditions of entitlement to income support) has effect as modified by section 127 of that Act (effect of return to work).
(5) Sub-paragraph (2) applies only where A—
(a) was formerly in the claimant’s care, and
(b) is aged 18 or over, and
(c) continues to live with the claimant.”
I assume the disregard of forwarded S.23C payments is designed to implement the pilot.
The introduction to the pilot scheme also says:
'Similarly, HMRC are committed to ensuring that arrangements for personal taxation do not present a financial obstacle preventing a foster carer from continuing to provide care and support to young people who as they are aged 18+ can no longer be regarded as a looked after children'
but I haven't seen anything that implements this.
It is all very awkward and ad hoc, no doubt to avoid having to amend the Children Act, but I think the pilot scheme is the reason for the amendment. It probably won't help or affect former foster children and their carers in non-pilot areas.
Richard Atkinson
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