I have asked this as part of a wider query, but would appreciate specific clarification in respect of IS entitlement if possible. Some foster carers receive from the LA a fee or reward element which is clearly in lieu of alternative earnings, and is in addition to the boarding out allowance. Is the fee element counted as earnings for IS purposes? The IS regs sch 9 para 6 and the SS Ben (Computation of Earnings) regs sch 1 para 6 both say that fostering payments made by the LA following arangements under section 23 (2)(a) of the Children Act 1989 (provision of accommodation and maintenance for a child whom they are looking after) are disregarded. Is this disregard restricted to that part of the fostering payment made for accommodation (the boarding out allowance?) or does it include the fee/reward element?

Thanks all.

No worries, I reckon. Section 23(2)(a) of the 1989 Children Act requires the LA to (amongst other choices in following sub-paras): provide accommodation and maintenance for any child it looks after by placing him with a family, a relative or any other suitable person, "on such terms as to payment by the authority and otherwise as the authority may determine."

In other words, 23(2)(a) gives the LA carte blanche to decide what to pay fosterers and is the legal authority for whatever the LA comes up with for not only maintenance but also reward. That brings the reward bit nicely into the disregards in IS Sch 9 para 26 and SS (C of E) Sch 1 para 6. Those provisions both refer to any payment made by the LA to someone with whom a person is accommodated under section 23(2)(a) above. Note: ANY payment.

Jim

Jim

That's what I was hoping to hear. Any contrary views or experience out there?

Brian