3.11.11 Policy and Procedure for Disabled Young People in Foster Care Post 16 Years of Age and Former Relevant Children Post 18 Years of Age

SCOPE OF THIS CHAPTER

This policy document outlines the protocol for supporting and funding looked after children in foster care who are disabled post 16.

OTHER RELEVANT CHAPTER

Leaving Care Procedure

This is a new chapter for December 2010

Introduction
Underpinning Philosophy
Eligible Children / Young People
Welfare Benefits (prior to 16)
Financial Planning at 16 for Disabled Children / Young People in Foster Care
Transition Planning at 14 for Disabled Children / Young People in Foster Care
Transition Planning between 16 and 18 years for Disabled Young People in Foster Care (and former LAC children now living with Special Guardians)
Policy for Extending Placements Post 18 for Eligible Disabled Young People
Post 18 Financial Arrangements and Allowances
Duration of Extended Placements
Appendices

1. Introduction

The policy constitutes an agreement between Leeds City Council Children and Young People’s Social Care and Adult Social Care.

This policy document outlines the protocol for supporting and funding Looked After Children in foster care who are disabled post 16.

And the transition arrangements for disabled Former Relevant Children including those who wish to continue to live with their previous foster carers Post 18

Young People age 18 to 21, or to 24 if they commenced a designated further education or higher education course before the age of 21. (Leaving Care Act 2000, Guidance *)

This policy updates and replaces “Procedures for Children 16 + who have disabilities.”

This policy should be read alongside the Leeds Leaving Care Post 18 Fostering Policy, and the Pathway Planning Leaving Care Financial Policy 2008 – 2009. Both documents are on the Leeds City Council Intranet and can be accessed through the Fostering Service.

* Children (Leaving Care) Act 2000 (guidance) outlines the young people who are eligible to leaving care services.

2. Underpinning Philosophy

It is recognised that disabled young people may have particular needs and requirements whereby they may choose to remain with their previous foster carers post 18. They are likely to have increased vulnerability, require specialist further education, and may need additional emotional and practical support. They are likely to be eligible for support under the Leaving Care Act 2000 and to meet Adult Social Care Fair Access to Care criteria in the critical and substantial categories.

Children and Young People’s Social Care and Adult Social Care are committed to working together to promote choice and independence for disabled young people, to ensure that they are empowered to make decisions about their life, and that services are provided within the ethos of the social model of disability. This policy will ensure there is a clear transitions pathway for young people in foster care or those previously in foster care and now subject to a Special Guardianship Order which includes the option to remain with their previous foster carer Post 18 should the young person wish to do so.

The ‘Care Matters’ legislation aims to promote the extension of foster care placements beyond a young person’s eighteenth birthday where he or she is assessed as requiring a placement extension. Where such young people are eligible for support from Adult Social Care this policy ensures a seamless transition between CYPSC and ASC. The policy is designed to ensure disabled young people do not experience a sudden disruption to their placement arrangements and that educational achievement and continuity is promoted.

It gives a framework whereby previous foster placements can be transferred to Adult Services and that continued Adult Placements are fully safeguarded under the National Minimum Standards for Adult Placements.

3. Eligible Children / Young People

The definition of a disabled child is outlined in the Children Act 1989*.

The definition of a disabled eligible child covered by this policy is as follows:

Young person has a learning disability: moderate or severe,
Or - young person has a severe physical disability,
Or - young person has a disabling sensory impairment,
Or - young person has complex health needs,
Or - young person has any combination of the above
- And - is eligible for middle or higher rate DLA
- And - is a qualifying young person under the Leaving Care Act 2000
Or - is a former Leeds foster child now subject to an SGO and living with their former foster carers.

Most eligible young people referred to in this policy will be looked after by a Specialist Family Placement Professional Foster Carer for Disabled Children. However, this policy also covers eligible disabled children looked after by other Leeds Children and Young People’s Social Care foster carers, and includes children/young people placed with Family Network Carers. This policy also extends to former LAC disabled children who live with their previous foster carers under a Special Guardianship Order.

* “Disabled young person” is taken to mean someone with a physical and/or sensory impairment and/or learning disability (see section 17(11) of the Children Act 1989 for a full definition). For definitions for benefits purposes, see Chapter 2 paragraph 18 Leaving Care Guidance 2000.

4. Welfare Benefits (prior to 16)

Disability Living Allowance

All children / young people who are eligible for a specialist foster placement for disabled children /young people will meet the eligibility criteria for middle or higher rate Disability Living Allowance. At the beginning of the placement the Family Placement Supervisory Fostering Officer will assist the foster carer to make a claim for Disability Living Allowance. The DLA is intended to meet the increased cost of caring for a disabled child/young person. It is paid in addition to the fostering maintenance allowance, and should be used to meet the child/young person’s additional needs accruing from their disability. It is good practice for the DLA to be kept in a bank account for the child.

Carer’s Allowance

If the young person receives middle or high rate DLA the carer may be eligible to claim Carer’s Allowance. There is only one claim paid (£53.90 2010/2011) regardless of how many eligible people they care for and only one person can claim even if more than one person is giving the care.

5. Financial Planning at 16 for Disabled Children / Young People in Foster Care

Leaving Care Services

When a disabled young person in foster care reaches 16 the responsible social worker should liaise with the Pathway Planning Team regarding the Young Person’s future entitlement to Leaving Care Services, and at what stage this should be accessed.

They should refer to Leeds Leaving Care Financial Policy 2008 (Pathway Planning Team).

Fostering Maintenance Allowance

From the young person’s sixteenth birthday the maintenance allowance paid to the foster carer will be reduced by the pocket money and clothing allowance of £35.00 per week (2008-9 rates) as the young person can claim welfare benefits that replace the pocket money and clothing allowance. The £35.00 reduction will only be applied when the benefit claim for the young person has been established.

Claiming Employment and Support Allowance

Employment and Support Allowance has replaced Incapacity Benefit and Income Support for people claiming as incapable of work. Young disabled people will be eligible to claim this benefit from their 16th birthday. One month prior to the young person’s 16th birthday, the child’s social worker will start the process to make a claim for Employment and Support Allowance for the young person. A claim should be made by telephone on 0800 055 6688. In the event that it is not possible to complete a claim by phone Jobcentre Plus will send out a paper application form. A sick note backdated 28 weeks (196 days) will be needed from the GP to accompany the claim. A claim should be made for both income related and contribution based Employment and Support Allowance.

16/17/18 year olds in education will qualify for income related Employment and Support Allowance only if in receipt of Disability Living Allowance. They would not normally qualify for Employment and Support Allowance in Youth (contribution based) unless the education was not suitable for persons of the same age who didn’t have the disability.

In the initial assessment phase (13 weeks) the basic amount would be £51.85 (2010/2011). If accepted as having a limited capacity for work this would increase to a higher rate in the main phase (from 14th week) dependent on the degree of incapacity. Additional premiums may be paid with income related ESA similar to Income Support (but they will not get the disability premium).

A form ESA50 (medical questionnaire) may be issued within the initial 13 week assessment phase. This needs to be completed.

Education Maintenance Allowance

Young people aged 16 plus who are attending college/sixth form are eligible for a £30.00 per week Education Maintenance Allowance (EMA). The year in which they can start to claim will be dependant on the date of their birthday. The EMA is disregarded in full as income for income related benefits. The social worker for the young person should assist the young person and their foster carer to make a claim for EMA.

EMA should be paid into the young person’s bank account.
The E.M.A. should be used to promote the young person’s education: for example; to purchase books and equipment, pay for school / college trips, fund transport where required, canteen money, etc.
The EMA helpline number is 0800 1218989

or the visit the Directgov website

Where a young person is incapable of managing their own financial affairs the Family Placement Supervisory Fostering officer will request the Department for Work and Pensions to make the foster carer the appointee for benefit claims.

Bank Accounts for Young People

The Supervising Fostering Officer will assist the young person and their foster carer to open a bank account in the name of the young person wherever this is possible. All benefits for the young person (including Employment Support Allowance, Disability Living Allowance and Education Maintenance Allowance) should be paid into their bank account. Foster carers who are appointees for the young person should be joint signatories to this account. Where the young person is unable to sign the foster carer/appointees should be the signatory to the account.

It is acknowledged that banks may refuse to open an account in the name of a young person who is unable to manage/sign for their own money. If the above option has been exhausted and the Supervising Fostering Officer is in agreement, the foster carer/appointee may open a bank account in their name for the child.

NB Where foster carer / appointees hold bank accounts for young people that are in the name of the foster carer, the money in these accounts will be treated by the Department of Works and Pensions as belonging to the foster carer. Therefore, if the foster carer is in receipt of benefits in their own right, the young person’s money will be counted towards the foster carer/appointee’s savings allowance. Wherever possible the bank account should be in the young persons name with the foster carer / appointee having permitted access.

Financial Planning Meeting

The young person’s social worker will call a financial planning meeting to be held two weeks before the young person’s sixteenth birthday to include.

The young person.
The foster carer.
The young person’s social worker.
The supervising fostering officer for the foster placement.

The young person will decide if they want to invite any of the following to the meeting:

The transitions worker ( if there is an allocated transitions worker).
The pathway planning worker (if there is an allocated pathway planning worker).
Young person’s advocate (if the young person has an advocate) or a representative from the children’s right service.

The planning meeting will consider whether the young person has the capacity to manage their own finances fully, or to participate in managing their own finances subject to the provisions of the Mental Capacity Act. The assumption will be that wherever possible the young person will manage their money; or be supported to do so by their foster carer. This will be regarded as an opportunity to help the young person to learn about financial management at a level appropriate to their learning disability, thereby enhancing financial independence. The young person will be involved in decision making at an agreed level appropriate to their ability and understanding.

At the financial planning meeting the Family Placement Financial Agreement Form (appendix 1) will be used to help structure how the young person will manage their money, and what levels of support will be required. This agreement form is available in electronic format and can be adjusted to meet the individual needs of the young person.

The young person will not use their benefits to pay towards accommodation, utilities, food, or other associated care costs.

The young person will provide their own personal spending money (pocket money), and be responsible for buying their own clothes, from their benefits.

The amount of cash which a young person has will depend on their ability to manage this.

The young person should be supported to use their money to enhance their life chances and promote their wellbeing around the 5 outcomes outlined in the Children Act 2004. Foster carers should help young people to save for larger purchases which may help them access inclusive services.

Foster carer / appointees are encouraged to help children/young people save some of their allowance. They should ensure that savings do not exceed the amount which the young person is allowed to have in savings whilst being eligible to claim Employment and Support Allowance. For the income related element of Employment and Support Allowance the lower limit of savings and investments is £6,000. There are no capital limits for contributory based Employment and Support Allowance.

Where possible if the young person does not have capacity to manage their own finance receipts should be saved for large items of expenditure and records kept.

6. Transition Planning at 14 for Disabled Children / Young People in Foster Care

This part of the policy should be read in conjunction with the “Transitions Policy for Young Disabled People in Leeds.

Prior to a disabled young person in foster care reaching 14 their social worker should undertake an up to date assessment of need. The social worker should make a referral to either the Transitions Team or the Pathway Planning Team and invite a member of the team to attend the Year 9 Education Review and LAC Review.

The transitions worker or pathway planning worker should begin the planning process towards adulthood.

An Assessment of Need will be undertaken prior to the young person’s 16th birthday.

7. Transition Planning between 16 and 18 years for Disabled Young People in Foster Care (and former LAC children now living with Special Guardians)

This part of the policy should be read in conjunction with the “Transitions Policy for Young Disabled People in Leeds”.

When a disabled young person in foster care reaches 16 the LAC review must consider ongoing transition planning. The transitions worker and/or the leaving care worker and/or the CYPSC social worker should actively plan with the young person for their future placement post 18. They MUST agree who will be the responsible social worker overseeing the planning process. This planning will involve beginning to consider different placement alternatives. A placement alternative may include continuing to live with their foster carer under the auspices of the St Anne’s Community Carers Adult Placement Service if all parties are agreeable; or may be a plan to identify another type of supported placement. Direct Payments, Independent Living Fund and Individualised Budgets may also be considered. * For young people whose additional needs are primarily around physical impairment direct payment can be an enabling way for the young person to continue to pay their previous foster carers for continued support and accommodation.

For young people living with relatives in family network foster care situations Adult Social Care can, in exceptional circumstances, with the discretion of the Chief Officer, agree finance for the Placement to transfer to St Anne’s Community Carers Adult Placement Service, or to pay a direct payment or self directed support to a service user, in order for them to pay a relative they live with as their support worker. These options should be considered in relation to family network situations where the young person wishes to remain with the family member but this is dependant on continued financial support.

There is also a requirement for CYPSC to liaise with the responsible education department and CONNEXIONS regarding future education plans for those young people with a learning disability or those with additional needs**. See Transitions Policy for Young Disabled People in Leeds”.

The Adult Joint Care Management Team for Learning Disabilities or relevant Adult Care Management Team should be informed and given copies of the initial plans for the young person by the responsible social worker. The relevant adult team should be invited to attend the LAC reviews from 16 onwards.

The disabled young person should be fully involved in the planning for their future. A Pathway Planning Meeting should be held within 3 months of a young person becoming an eligible child and a Pathway Plan/Future Needs Plan agreed with the young person. This will usually be completed by the Pathway Planning social worker. Where the young person has communication difficulties the CYPSC should where necessary provide communication support. The person’s learning disabilities or other additional needs and their requirement for continuing support should be taken into account in the planning process. Children (Leaving Care) Act 2000.

The meeting will also identify which is the Relevant Adult Team for the young person (For example the Adult Joint Care Management Team for Learning Disability, an area Adult Care Management Team). The Pathway Plan/Future Needs Care Plan, (complete with a financial costing) will be submitted for approval to the Learning Disability Care Plan Panel, or the relevant Adult Care Plan Panel.

Where the plan is for the young person to remain with their foster carer post 18 the placement will transfer to the St Anne’s Community Carers Adult Placement Service where the young person has Fair Access to Care eligible needs and meets the criteria for this service. This will ensure that the placement remains within a regulatory framework and meets National Minimum Standards for Adult Placements. The plan should include arrangements to be made for the carers to begin an Adult Placement Assessment 8 months prior to the young person’s 18th birthday.

Where it is agreed that an alternative Adult Placement needs to be identified for the young person, the responsible social worker should ensure that the appropriate assessments in respect of the young person are completed by the CYPSC social worker, Transitions Worker, or Pathway Planning worker. The young person should be referred to the Nominations Panel of the Adult Joint Commissioning Service if they have a learning disability or to the relevant adult panel if they have other additional needs.

This planning process should be reviewed, progressed and developed at subsequent LAC reviews. A social worker from the relevant Adult team should be invited to all LAC reviews post 16 and are required to attend when the child reaches 17. The Relevant Adult Care Management Team should be kept informed of the plan by the responsible social worker. The Relevant Adult Team Budget holder should be informed of any young people who plan to remain living with their foster carers post 18, or who require an alternative placement, or those with a Care Plan which will have budget implications. St Anne’s Community Carer’s Scheme should be informed of any young people who plan to remain living with their foster carers post 18 by the responsible social worker.

Following the LAC review when the young person is 17 a professionals meeting should take place as part of the Leaving Care Pathway Plan / Future Needs Assessment. The meeting should include the young person, the foster carer/s, supervising social worker, the leaving care social worker/personal adviser or transitions worker and should establish the ‘Post Eighteen Arrangements’ and identify all key tasks and roles and responsibilities related to extending the placement.

The meeting should explore the impact on the foster carers’ financial circumstances should the placement continue after the young person’s eighteenth birthday. The meeting should be repeated when the young person reaches the age of seventeen and a half and ensure any final arrangements and requirements are in place by his or her eighteenth birthday. Both meetings should make reference to National Insurance, Income Tax and Welfare Benefits issues for the carer/s. The outcome of these meetings should be discussed at the subsequent looked after statutory review.

The planning should include identifying which Leaving Care Services the young person may be entitled to.

Plans should also include arrangements for case transfer, (including placement and funding) to Adult Services.

In exceptional circumstances where it is agreed that the young person should remain placed with their foster carers but do not meet the St Anne’s Community Care’s Scheme criteria:

where the young person’s additional needs are a physical impairment not a learning disability and do not therefore meet the criteria for St Anne’s Community Carers;
where the period which the young person is remaining placed with former foster carers does not exceed six months (for example an adult resource is identified but cannot be accessed immediately following the young person’s 18th birthday);
where it is agreed that the young person should remain placed with their foster carers and they are extremely vulnerable under definitions outlined in the Children (Leaving Care) Act 2000, but do not have FAC eligible needs for Adult Social Care;

and
where the placement meets the Children (Leaving Care) Act 2000 eligibility criteria the Extending Placements Procedure outlined in Part 8 of this document, and in the Children and Young People’s Social Care Fostering Service and Pathway Planning Service Post Eighteen Fostering Policy should be followed.

* “The Carers and Disabled Children Act 2000 enables local authorities to make direct payments, in lieu of services, to disabled 16 and 17 year olds so that they have more choice and control over how their needs are met. Direct payments can play a useful part in preparing a disabled 16 or 17 year old for the responsibilities of adulthood. Where local authorities have set up a Personal Assistance Support Scheme in order to implement the Community Care (Direct Payments) Act, the disabled care leaver’s personal adviser will need to work with this scheme in order to support the young person to use direct payments. After the age of 18 direct payments can continue under the Community Care (Direct Payments) Act 1996. (Leaving Care Act 2000 Guidance)”.

** In deciding the young person’s future needs, the SSD should continue to liaise with the education department, which is responsible for providing adequate facilities for further education and for considering the needs of those over compulsory school age who have learning difficulties. (Learning and Skills Act 2000 and Further and Higher Education Act 1992). File path G drive/Coordinator/Policies and procedures child / Post 18.

8. Policy for Extending Placements Post 18 for Eligible Disabled Young People

From the age of eighteen young people are no longer “looked after” by the Local Authority under the Children Act 1989 and therefore fostering arrangements no longer apply.

When a young disabled person in foster care has Fair Access to Care eligible needs which entitle them to eligibility for Adult Placement, their former foster placement will transfer at age18 to the St Anne’s Community Carers Adult Placement Service (The Adult Placement Assessment of the former foster carers will have been undertaken prior to the young person’s 18th birthday). This will ensure that the placement will be formally subject to the National Minimum Standards for Adult Placements set out in statute. Adult Placement Schemes are governed by the Adult Placement Schemes (England) Regulations 2004, and it is these which form the basis on which the schemes are inspected by the Care Quality Commission. The Regulations and NMS provide a clear statutory framework which ensure that disabled young people’s interests and needs continue to be safeguarded even after their placements cease to be fostering placements under the Fostering Services regulations 2002.

The CYPSC and ASC has a protocol with the St Anne’s Community Carers. This is a CSCI formally registered Adult Placement Scheme which meets all National Minimum Standards for Adult Placements

Where the young person has FAC eligible needs responsibility for Care Management and funding will also transfer to Adult Social Care.

If a young person remains with previous foster carers because they are vulnerable under the Children (Leaving Care) Act 2000, but does not have FAC eligible needs the placement will be funded through CYPSC. In this situation funding arrangements are laid out in the Children and Young People’s Social Care Fostering Service and Pathway Planning Service Post Eighteen Fostering Policy. The arrangements must be agreed by the Post Eighteen Approval Panel (Service Delivery Manager - Fostering and Service Delivery Manager - Pathway Planning).

All placements (apart from those listed in VII below) will formally transfer to St Anne’s Community Carers Adult Placement Scheme and be managed by Adult Social Care. Carers will not be financially disadvantaged and will be paid the equivalent of the fostering fees and allowances previously paid for the fostering placement (some of the allowances will be paid directly to the young person in accordance with the policies of St Anne’s Community Carers). The relevant Adult Team Finance Manager should be informed of any disabled young people who plan to remain living with their foster carers post 18 by the responsible CYPSC social worker with case responsibility following the LAC Review when the young person is 17. This should include a financial assessment including the cost of maintaining the foster carer fee and allowances.

In exceptional circumstances:

where the young person’s additional needs are a physical impairment not a learning disability and do not therefore meet the criteria for St Anne’s Community Carers;
where the period which the young person is remaining placed with former foster carers does not exceed six months (for example an adult resource is identified but cannot be accessed immediately following the young person’s 18th birthday);
where it is agreed that the young person should remain placed with their foster carers and they are extremely vulnerable under definitions outlined in the Children (Leaving Care) Act 2000, but do not have FAC eligible needs for Adult Social Care;

and
where the placement meets the Children (Leaving Care) Act 2000 eligibility criteria;

the former foster placement may be extended beyond a young person’s eighteenth birthday, and carers may be able to take advantage of helpful advice issued by HMRC, whereby former foster placements can be treated temporarily as an Adult Placement for Income Tax and National Insurance purposes if it meets the National Association of Adult Placements Services (“NAAPS”) good practice standards. (See Children and Young People’s Social Care Fostering Service and Pathway Planning Service Post Eighteen Fostering Policy).

In situations outlined in VII, for carers to be covered by the N.A.A.P.S. good practice standards for tax and insurance purposes all the requirements of the fostering regulations should be continued whilst a post 18 young person remains with former foster carers. This will ensure good practice safeguarding standards are maintained by all health and safety, medical, CRB checks and annual reviews being continued and up to date. The placement will continue to be supported by a Family Placement or Fostering Service Supervising Fostering Officer.

9. Post 18 Financial Arrangements and Allowances

When a fostering placement transfers to St Anne’s Community Carers as an Adult Placement the previous foster carer will not be financially disadvantaged and will be paid equivalent to those paid under the Post 18 Fostering Policy. The Payment for Skills Model (where it has been in place) will apply to the household. The adult’s and children’s placements will follow first, second, third and forth fee structure in line with Payment for Skills, with no fees being duplicated in the household. Fees are not necessarily based on the age of the children/young people placed, but on when they joined the household. Some of the allowances will be paid directly to the young person in accordance with the policy of St Anne’s Community Carers.

When a young person reaches 18yrs, for the purpose of payment, that young person’s placement will continue to be paid the relevant fees and allowance under Payment for Skills. This will apply if the placement transfers to St Anne’s Community Carer’s Adult Placement Service, or to any other payment funded by Adult Social Care. However for the purposes of fostering regulations, the young person over 18 will not count as a foster placement, but as an adult member of the household.

No household will have more than 3 placements (including vulnerable adults and foster children) unless in exceptional circumstances a current risk assessed exemption is place. Any exemption should be discussed with ASC and the needs of all members of the household considered. No household can have more that 3 adults in placement as the household would thereby be classified a Small Registered Home.

Payments to the carer consist of the maintenance allowance and the skills fee. Carer/s’ maintenance allowance for a post eighteen placement is set at the sixteen plus standard rate of £194.70 plus the relevant level 1 to 4 skills fee (2009-2010). Where the first fee is paid to an 18 plus placement this will be the only first child fee paid to the foster carers. From the young person’s eighteenth birthday the maintenance allowance continues to be reduced by the pocket money and clothing allowance of £35.00 per week as young people can claim welfare benefits that replace the pocket money and clothing allowance. The £35.00 reduction will only be applied when the young person has established his or her benefit claim if they have not done so already.

Carers will continue to receive a birthday, Christmas/festival allowance for one year, and the young person will receive a holiday allowance for one year post 18.

St Anne’s Community Carers Scheme will pay the fee directly to the carer and the maintenance allowance to the carer and young person according to their policies.

For an extended placement outlined in Section 7, Transition Planning between 16 and 18 years for Disabled Young People in Foster Care (and former LAC children now living with Special Guardians) of this policy the Post 18 Fostering and Financial Policy will apply.

When the young person reaches 18 they will continue to be eligible to claim Disability Living Allowance and Employment Support Allowance. This should continue to be paid into the young person’s bank account and used by the young person and/or their previous foster carer appointee to meet the young person’s additional needs accruing form their disability.

Young people and their carers whose placements transfer to St Anne’s Community Carers Scheme will be advised by St Anne’s regarding claiming Housing Allowance and this will form part of the allowance.

Those who remain in placement post eighteen as outlined in Section 7, Transition Planning between 16 and 18 years for Disabled Young People in Foster Care (and former LAC children now living with Special Guardians) should also submit a claim for Local Housing Allowance (appendix 2) up to the maximum local level. The Allowance should be paid directly to Leeds Children and Young People’s Social Care in order to avoid any disruption to the carer/s allowances. Where Adult Social Care funds the placement this will be deducted from the cost recharged. The administration of this will be managed by the Family Placement Service or fostering service.

Where the young person has Fair Access to Care Eligible Needs, all payments to former foster carers will be financed by Adult Social Care through the Joint Commissioning Service, or other relevant service, to reflect the fact that the level of the young person’s disability makes them eligible for supported placements through Adult Social Care.

The effect on the carer’s financial situation should be carefully considered prior to the decision to extend the placement.

In situations where a foster carer is in receipt of a mean’s tested welfare benefit a young person’s claim for Local Housing Allowance may result in a reduction to the foster carer/s mean’s tested benefit.

Where a foster carer is in receipt of Housing Benefit / Local Housing Allowance the responsible social worker should contact Leeds Welfare Benefits Group and Leeds Benefits Service to assess the impact of the young person’s claim on the carer’s claim. Depending on the outcome of this discussion a decision may be made that the young person should not claim the Local Housing Allowance. If a claim is made the foster carer will be compensated for any lost Housing Benefit / Local Housing Allowance.

Where a foster carer is in receipt of Income Support or Jobseekers Allowance any Local Housing Allowance payment is likely to be treated by the Department of Work and Pensions (DWP) as income from a ‘Boarder’. The first £20.00 and half of the remainder is disregarded if some meals are provided. The D.W.P. will disregard £20.00 plus 50% of the remainder. The DWP will reduce the carer’s welfare benefit by 50% of the remainder. In these situations the Fostering Maintenance Allowance will be reduced by £35.00 (personal allowance described in FN16 as pocket money and clothing allowance) and increased by the amount of the DWP reduction to compensate for the loss of the income related benefit. For an extended placement outlined in Section 7, Transition Planning between 16 and 18 years for Disabled Young People in Foster Care (and former LAC children now living with Special Guardians) the Local Housing Allowance will be paid directly to Leeds Children and Young People’s Social Care. For placements transferring to St Anne’s Community Carers Scheme, carers and young people will be advised by this service as to how the Housing Allowance will form part of the maintenance allowance for the young person.

Leeds Children and Young People’s Social Care will ensure that foster carers in receipt of means tested welfare benefits will be no worse of in terms of his or her welfare benefits or his or her Fostering Maintenance Allowance.

Payments made by Children and Young People’s Social Care directly to carers, or via a young person are disregarded in the assessment of ex-carer’s income support, job seekers allowance, housing benefit/local housing allowance and council tax benefit if the young person was formerly in the claimant’s care, is aged 18 or over and continues to live with the claimant.

Consideration should be given to whether the young person has had their full leaving care entitlement, and which leaving care services are appropriate.

Consideration will also be given in the financial assessment regarding any Criminal Injuries Compensations that the young person may have been awarded, and what contribution they may need to make to the placement.

10. Duration of Extended Placements

The extension of the placement is intended to give vulnerable disabled young people the opportunity to develop their maturity and independence, and to make positive choices about how they wish to live their lives.

It is acknowledged that most care leavers in this group will require continued and ongoing support from Adult Social Care because of their disability. Where young people meet the criteria for St Anne’s Community Carers the placement will be transferred to Adult Services prior to the young person’s 18th birthday in accordance with this policy.

Placements which transfer to the St Anne’s Community Carers Service can continue for as long as the young person and the carers wish, subject to the young person’s needs and wishes being met and an annual review of the Adult Care Plan.

Where a placement is extended under Section 7, Transition Planning between 16 and 18 years for Disabled Young People in Foster Care (and former LAC children now living with Special Guardians) of this procedure the arrangements for extending a placement are outlined in the Leeds Post 18 Fostering Policy.

Where a placement is extended under Section 7 of this procedure (the young person’s additional needs are a physical impairment not a learning disability and do not therefore meet the criteria for St Anne’s Community Carers) Adult Care Planning should consider how the placement may be continued through Adult Social Care (e.g. personalised budgets, Direct Payments) if it is to continue beyond one year.
Where a placement is extended under Section 7 of this procedure (the period which the young person is remaining placed with former foster carers does not exceed six months), planning must be reviewed and the young person moved to an identified and appropriate Adult Placement within 6 months.
Where a placement is extended under Section 7 (the young person is extremely vulnerable but does not have FACs eligible needs for Adult Social Care) the placement can be extended as outlined in the Leeds Post 18 Fostering Policy.

All vulnerable disabled young people in this cohort who have Fair Access to Care Eligible Needs will have an Adult Social Worker through the Joint Care Management team for Disabled People, or an Adult Joint Care Management Team. Those who are extremely vulnerable but do not have Fair Access to Care eligible needs will have a Pathway Planning allocated worker.

Planning must be proactive and the Care Plan reviewed 6 monthly. Responsibility for ensuring that the plan is reviewed is held by the Adult Social Worker with case management responsibility. The young person should be fully involved in planning their future. Communication support should be given where appropriate.

11. Appendices

End