Adoption Allowance (Scotland) Regulations 1996

JurisdictionUK Non-devolved

1996 No. 3257 (S.247)

CHILDREN AND YOUNG PERSONS

The Adoption Allowance (Scotland) Regulations 1996

Made 18th December 1996

Laid before Parliament 31th December 1996

Coming into force 1st April 1998

The Secretary of State, in exercise of the powers conferred on him by sections 9(2) and (3) and 51A of the Adoption (Scotland) Act 19781, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Adoption Allowance (Scotland) Regulations 1996 and shall come into force on 1st April 1998.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Adoption (Scotland) Act 1978;

“adopters” means the persons who have adopted or intend to adopt a child or, where there is only one such person, that person;

“adoption agency” means a local authority or an approved adoption society within the meaning of the Act;

“adoption panel” means a panel established in accordance with regulation 7 of the Adoption Agencies (Scotland) Regulations 19962;

“attendance allowance” means an allowance under section 64 of the Social Security Contributions and Benefits Act 19923;

“child benefit” means a benefit under section 141 of the Social Security Contributions and Benefits Act 1992;

“disability living allowance” means an allowance under section 71 of the Social Security Contributions and Benefits Act 1992;

“fostering allowance” means the amount of money paid by way of an allowance for a child placed with a foster carer under regulation 9 of the Fostering of Children (Scotland) Regulations 19964;

“income support” means income support under section 124 of the Social Security Contributions and Benefits Act 1992;

“jobseeker’s allowance” means an allowance under section 1 of the Jobseekers Act 19955.

(2) In these Regulations any reference to a numbered regulation is to the regulation in these Regulations bearing that number, and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

S-3 Circumstances in which an allowance may be paid

Circumstances in which an allowance may be paid

3.—(1) An adoption agency, in making arrangements for a child’s adoption, may, subject to paragraph (3) and (5), pay an allowance to adopters where one or more of the circumstances referred to in paragraph (2) exist and if, having decided in terms of regulation 12 of the Adoption Agencies (Scotland) Regulations 1996 that the adoption of the child by the adopters would be in the best interests of the child, it decides after consideration of the recommendations of the adoption panel, that such adoption is not practicable without payment of an allowance.

(2) The circumstances referred to in paragraph (1) are–

(a)

(a) the adoption agency is satisfied that the child has established a strong and important relationship with the adopters before the adoption order is made;

(b)

(b) it is desirable that the child be placed with the same adopters as his brothers or sisters, or with a child with whom he has previously shared a home;

(c)

(c) at the time of the placement for adoption the child is mentally or physically disabled or suffering from emotional or behavioural difficulties such that he needs special care requiring a greater expenditure of resources than would otherwise be required;

(d)

(d) at the time of the placement for the adoption the child was mentally or physically disabled, or suffering from emotional or behavioural difficulties, and as a result at a later date he requires more care and a greater expenditure of resources than were required at the time he was placed for adoption because of a deterioration in the child’s health or condition, or an increase in his age; or

(e)

(e) at the time of the placement for adoption it was known that there was a high risk that the child would develop an illness or disability and as a result at a later date he requires more care and a greater expenditure of resources than were required at the time he was placed for adoption because such illness or disability occurs.

(3) Notwithstanding paragraph (1) an adoption agency may, after a child has been placed by it with adopters, pay the adopters an allowance if it is satisfied that at the time of the placement one or more of the circumstances referred to in paragraph (2)(c) or paragraph (2)(d) existed.

(4) In each case before an allowance is payable the adoption agency shall require the adopters to have agreed to–

(a)

(a) inform the adoption agency immediately if–

(i) the child no longer has his home with them (or either of them), if they have changed their address, or if the child dies, or

(ii) there is any significant change in their financial circumstances or the financial needs or resources of the child; and

(b)

(b) complete and supply the adoption agency with an annual statement of their financial circumstances and the financial circumstances of the child.

(5) An allowance may be paid from the date of placement for adoption or from such later date...

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