Special Guardianship Allowance Assessment Framework

1) I would like information relating to the assessment framework for calculating Special Guardianship Allowance. This allowance is means tested against a standardised assessment model and I would like to see framework and its calculations which is used to calculate the allowance.

1.           Every Special Guardian in Lincolnshire has their allowances assessed to make sure they receive the correct amount, where applicable, for each child in their care. We will support special guardians to access all the benefits they are entitled to.

There are currently no national regulations or law as that lays down a standard amount that local authorities must pay special Guardians, but guidance does specify these allowances are to be means tested and can not replicate other sources of central government funding.

The Special Guardianship Regulations 2005 ('the Regulations') provide for the Council to assess the need for a special guardian ('SG') to receive financial support in relation to a special guardianship order. Regulation 13 states that in assessing a Special Guardian's need the Council 'must' take into account any grant or benefit available to the Special Guardian. There is also statutory guidance entitled 'Special Guardianship Guidance') ('the Guidance') and non-statutory guidance entitled 'Standardised means test model for adoption and special guardianship financial support' ('the Model').

Example of how allowances are calculated which aligns with the government guidance and explanation of each element of the process.

A) Total monthly household income made up from earned income - PAYE & self-employed, benefits e.g. UC, state & private pensions, interest from capital, and other sources for example second properties. £1500.00

B) Minus 20% of A (total monthly household income) which leaves: £1200.00

C) Expenditure available: £1100.00

D) Disposable income: (B minus C = D) £100.00

E) LCC fostering allowance: £783.49

F) Half of disposable income: £50.00

G) Allowance with disposable income deducted:

Baseline Figure £733.4

H) Minus Child Benefit: -£111.23

I) Minus Child Element in Universal or Pension Credit as applicable - this example is UC: -£287.92

J) Monthly SGO allowance: £334.34

K) Weekly SGO allowance: £76.95

In practice, to work out the monthly allowance you will be paid (J), we will:

* Ask you to show us relevant documents with proof of income and expenditure so we can make sure we assess your finances properly. You must do this.

* A-C look at the money coming in to (B for your income we disregard the first 20% in line with the Department for Education's means testing guidance) and C going out of your household

* D deduct your expenditure from your income to give your 'disposable income' (the amount of money left once you've paid your rent/mortgage, council tax, utility bills for example).

* E consider the age-related fostering allowance you get for the child/ren at the time.

* F halve this disposable income figure (so some of that money remains yours, not all for the child/ren in your care).

* G deduct the remaining half of your disposable income to get a 'baseline figure'.

* Then deduct the amount of child benefit* (H) and 'child element' of either universal or pension credit* (I) if you are entitled to receive it (so you don't get that money twice).

As a carer with a legal order, you can claim child benefit and the 'Child Element' of Universal or Child Addition of Pension Credit, for the child/ren you have the Special Guardianship order for.

The Child Element of Universal Credit or the Child Addition of Pension Credit is based upon the Department for Work and Pensions published rates as of April each year.

All calculations are completed using 52.14 weeks in a year (K) and are means tested to ensure that the guardian's financial situation is understood to determine eligibility and the amount of support available.