# The Adoption Support Services and Allowances (Scotland) Regulations 2009, Regulation 13: Factors to be taken into account in determining the amount of an adoption allowance


(1) This regulation applies where the adoption agency carry out an assessment of a person’s need for an adoption allowance.
(2) In determining the amount of any adoption allowance, the adoption agency must take account of any other grant, benefit, allowance or resource which is available to the person in respect of their needs as a result of the adoption of the adoptive child.
(3) Subject to paragraphs (4) and (5) the adoption agency must also take account of the following factors–
(a) the person’s financial resources, including any tax credit or benefit, which would be available to the person if the child lived with the person;
(b) the amount required by the person in respect of their reasonable outgoings and commitments (excluding outgoings and commitments in respect of the child); and
(c) the financial needs of the child.
(4) The adoption agency must disregard the factors in paragraph (3) where they are considering providing an allowance in respect of–
(a) reasonable legal costs, including fees payable to a court, where an adoption order is applied for in respect of an adoptive child; or
(b) expenditure for the purpose of introducing an adoptive child to that child’s adoptive parents.
(5) The adoption agency may disregard any of the factors in paragraph (3)–
(a) where they are considering providing an allowance in respect of–
(i) initial costs of accommodating an adoptive child;
(ii) recurring costs in respect of travel for the purpose of visits between the child and a relative; or
(iii) any special care or special arrangements referred to in regulation 10(2)(b) or (c) (circumstances in which adoption allowances may be paid) in relation to an adoptive child; or
(b) where they are considering including an element of remuneration under regulation 11 (remuneration for former foster carers and kinship carers).

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Source: https://www.legislation.gov.uk/ssi/2009/152/regulation/13 (the official version)
Page: https://openlegislation.uk/adoption-support-services-and-allowances-scotland-regulations-2009/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.