OpenLegislation

Regulation 15 Assessment for financial supportI1

England and Wales

(1)

This regulation applies where the local authority carry out an assessment of a person’s needs for financial support.

(2)

In determining the amount of financial support, the local authority must take account of any other grant, benefit, allowance or resource which is available to the person in respect of his needs as a result of the adoption of the child.

(3)

Subject to paragraphs (4) and (5) the local authority must also take account of the following considerations—

(a)

the person’s financial resources, including any tax credit or benefit, which would be available to him if the child lived with him;

(b)

the amount required by the person in respect of his reasonable outgoings and commitments (excluding outgoings in respect of the child);

(c)

the financial needs and resources of the child.

(4)

The local authority must disregard the considerations in paragraph (3) where they are considering providing financial support in respect of—

(a)

legal costs, including fees payable to a court, where an adoption order is applied for in respect of an agency adoptive child; or

(b)

expenditure for the purpose of introducing an agency adoptive child to his adoptive parents.

(5)

The local authority may disregard any of the considerations in paragraph (3)—

(a)

where they are considering providing financial support in respect of—

(i)

initial costs of accommodating an agency adoptive child;

(ii)

recurring costs in respect of travel for the purpose of visits between the child and a related person; or

(iii)

any special arrangements or special care referred to in regulation 8(2)(b) or (c) in relation to an agency adoptive child; or

(b)

where they are considering including an element of remuneration under regulation 9.

Annotations

Commencement

I1

Reg. 15 in force at 30.12.2005, see reg. 1(1)