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.