Search Legislation

The Adoption Allowance (Scotland) Regulations 1996

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Circumstances in which an allowance may be paid

3.—(1) An adoption agency, in making arrangements for a child’s adoption, may, subject to paragraph (3) and (5), pay an allowance to adopters where one or more of the circumstances referred to in paragraph (2) exist and if, having decided in terms of regulation 12 of the Adoption Agencies (Scotland) Regulations 1996 that the adoption of the child by the adopters would be in the best interests of the child, it decides after consideration of the recommendations of the adoption panel, that such adoption is not practicable without payment of an allowance.

(2) The circumstances referred to in paragraph (1) are–

(a)the adoption agency is satisfied that the child has established a strong and important relationship with the adopters before the adoption order is made;

(b)it is desirable that the child be placed with the same adopters as his brothers or sisters, or with a child with whom he has previously shared a home;

(c)at the time of the placement for adoption the child is mentally or physically disabled or suffering from emotional or behavioural difficulties such that he needs special care requiring a greater expenditure of resources than would otherwise be required;

(d)at the time of the placement for the adoption the child was mentally or physically disabled, or suffering from emotional or behavioural difficulties, and as a result at a later date he requires more care and a greater expenditure of resources than were required at the time he was placed for adoption because of a deterioration in the child’s health or condition, or an increase in his age; or

(e)at the time of the placement for adoption it was known that there was a high risk that the child would develop an illness or disability and as a result at a later date he requires more care and a greater expenditure of resources than were required at the time he was placed for adoption because such illness or disability occurs.

(3) Notwithstanding paragraph (1) an adoption agency may, after a child has been placed by it with adopters, pay the adopters an allowance if it is satisfied that at the time of the placement one or more of the circumstances referred to in paragraph (2)(c) or paragraph (2)(d) existed.

(4) In each case before an allowance is payable the adoption agency shall require the adopters to have agreed to–

(a)inform the adoption agency immediately if–

(i)the child no longer has his home with them (or either of them), if they have changed their address, or if the child dies, or

(ii)there is any significant change in their financial circumstances or the financial needs or resources of the child; and

(b)complete and supply the adoption agency with an annual statement of their financial circumstances and the financial circumstances of the child.

(5) An allowance may be paid from the date of placement for adoption or from such later date as may be determined by the adoption agency and notified to the adopters.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources