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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
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 receive an adoption allowance disabled daughter

Resolved Question:

We receive an adoption allowance for our disabled daughter from the local authority . The local authority want to deduct child tax credits from that allowance , awarded to us because our income is sufficiently low enough to make us eligible to claim . Is this lawful . Can they deduct the child tax credits we receive for our daughter
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you When did you start to receive the Adoption Allowance
Customer: replied 1 year ago.

Hi

Started receiving adoption allowance in March , she was previously fostered by us , but we have legal agreement that she will Re rice the allowance until her 18 th Birthday as she has a disability . Court granted the order on 6 July . We just received paperwork so can apply for tax credits and child benefit now . But LA will deduct those amounts from allowance . Doesn't seem right , government will award us tax credits to top up income but LA will keep us on low income

Expert:  Clare replied 1 year ago.
Sadly they are entitled to do this.The Adoption Allowance is not counted as Income for Tax Credit purposes - but since the Allowance is Means tested then the Tax Credits are taken nto acocountI agree that it is unreasonable and indeed wrong - but sadly they are legally entitled to do thisI am sorry to give such bad news - please ask if you need further details
Customer: replied 1 year ago.

Claire

Our adoption allowance is NOT means tested . This is written into the court order , it will remain at its current level with rise in line with fostering allowances at age intervals . They are not deducting tax credits because we have breached an income threshold , it is standard , does it still remain that they can deduct tax credits amount from the adoption allowance ?

Thank you

Expert:  Clare replied 1 year ago.
Hi
Just for clarity - what is the wording of the Order relating to the Allowance?
Clare
Customer: replied 1 year ago.

It says ..

Gary and Sonja will receive the same payment for c as when she was fostered by them. The adoption allowance started on 27 March 2015 and will continue until she is 18 years old .

This is a non means tested payment .

Child benefit and child tax credit will be deducted from these payments and can be claimed following the granting of the adoption order .

I don't have a copy of the actual court order , this is the wording placed in the docs for court

Customer: replied 1 year ago.

It says ..

Gary and Sonja will receive the same payment for c as when she was fostered by them. The adoption allowance started on 27 March 2015 and will continue until she is 18 years old .

This is a non means tested payment .

Child benefit and child tax credit will be deducted from these payments and can be claimed following the granting of the adoption order .

I don't have a copy of the actual court order , this is the wording placed in the docs for court

Expert:  Clare replied 1 year ago.
So you were aware that this would be deduted when the order was made
Customer: replied 1 year ago.

It wasn't discussed by we read it on the paperwork , it wasn't the focus at the time , we just wanted to adopt her .

Can they deduct it legally it not ?

Expert:  Clare replied 1 year ago.
Yes legally they can deduct it The amount given as an Adoption Allowance is based on a standardised means test - NOT one specific to you - but a generalised one which is used to workout how much money is needed and has to be provided by the State.Since Tax Credits also come from the State - they can indeed legally deduct it
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

OK thank you

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