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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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WE adopted a baby girl over 3 years ago and now the local authority

Resolved Question:

WE adopted a baby girl over 3 years ago and now the local authority are removing the fee element of our payment. We were originally told that we would receive this until she was 18 but could lose the means tested element if my earnings increased etc...
They have referred to a 2 year period - but this is the first we have heard of it - is this all above board ?
Nothing will change our love for our child, but we just need to see if this is correct independently
Thanks
Jeff
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Why was an allowance payable in your case?
Clare
Customer: replied 2 years ago.

Because we were initially the childs foster carers, from birth, with the local authority, before deciding to adopt her.

Never heard of the 2 year rule before, or that they could remove the fee element as we were told we would have the payment until she was 18. The only element that could alter was the means tested element (which has reduced slightly over the past 3 years) However now they say we lose the fee (the largest part) and keep the means tested element

Hope this helps

Jeff

Expert:  Clare replied 2 years ago.
Hi
May I ask does your daughter have Special needs at all?
Clare
Customer: replied 2 years ago.

None - main stream education etc..

Expert:  Clare replied 2 years ago.
Hi
Do you have any evidence that the only reason you agreed to adopt the child is that you would continue to receive financial support?
Clare
Customer: replied 2 years ago.

No, we never demanded an money we wee surprised when we were awarded it - but once it was given we were lead to believe it was until she was 18.

We can manage without the money but we need to check if it is correct that the can remove the fee?

Expert:  Clare replied 2 years ago.
Hi
The Regulations relating to this are here
http://www.legislation.gov.uk/uksi/2005/691/part/3/made
What is not clear is the basis on which the payments were made to you - but if it was because your were former Foster carers then it does indeed cease after two years
Please ask if you need further details
Clare
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