howdo all on this bleak wednesday afternoon ?

as my title suggests i have a cl. who is receiving "kinship" payments from social services of £60.00 per week, because she cares for her two grand-daughters, as their mothers are not capable of caring for them.

i.s are taking these payments into account when calculating her weekly benefit, but should they disregard them ?

as ever, all responses greatly appreciated, and in the words of george harrison, here comes the sun ... we hope !

pete

S.20 Children Act contains powers to provide accommodation. It doesn't contain any powers to make cash payments. 'Kinship payments' doesn't have any legal meaning either. Cash payments are likely to be one of:
1. payments under S.23 Children Act (fostering allowances). These will prevent any payment ob benefit or tax credit for the children concerned but they will be a lot more than £60pw so that can probably be ruled out
2. payments under para.15, Schedule 1, Children Act. Assisted residence order payments. If the grandparents have a residence order from the Court that is probably what these payments are
3. payments under S.14F Children act (special guardianship order allowances) if the grandparents have a special guardianship order
4. Conceivably, payments under S.17, Children Act although this is usually only used for emergency one off payments.

If its 4 IS are wrong. If its 2 or 3 IS are right if the grandparents are still claiming for the grandchildren in their IS - see the old form of para.25, Schedule 9, as preserved by Reg.17. If grandparents are claiming CTC, IS are wrong.

If IS are right there is a simple solution - claimk CTC whereupon the payments will be fully disregarded for both IS and CTC.

Richard Atkinson

BIG thanx for that old chap !

very useful indeed, i shall now be able to advise our local social services re : payments you described, because i have been trying to get an explanation from them on these issues for ages.

hope to be able to help you one day and have a damn good weekend

pete