The Adoption Support Services (Local Authorities) (England) Regulations 2003

Review of financial support

13.—(1) This regulation shall apply where financial support is payable in instalments or periodically.

(2) The local authority shall review the financial support—

(a) annually, on receipt of a statement from the adoptive parents as to—

(i) their financial circumstances;

(ii) the financial needs and resources of the child;

(iii) their address and whether the child still has a home with them (or either of them); and

(b) if any change in the circumstances of the adoptive parents or the child, including any change of address, comes to their notice.

(3) The local authority shall, having regard to the review, and in particular whether the adoptive parents' need for financial support has changed or ceased since the amount of financial support was last determined, and after considering any representations received within the period specified in the notice to be given in accordance with regulation 8(1)(b)—

(a) decide whether to vary, suspend or terminate payment of the financial support;

(b) review and, where appropriate, revise the plan.

(4) Where the adoptive parents fail to supply the local authority with an annual statement in accordance with their agreement under regulation 3(3)(b), the local authority may suspend payment of the financial support until such time as a statement is supplied.

(5) The local authority shall terminate payment of financial support when—

(a) the child ceases to have a home with the adoptive parents (or either of them);

(b) the child ceases full-time education or training and commences employment;

(c) the child qualifies for income support or jobseeker’s allowance in his own right; or

(d) the child attains the age of 18, unless he continues in full-time education or training, when it may continue until the end of the course of education or training he is then undertaking.

(6) Regulations 6 to 8 shall apply in relation to a review under this regulation as they apply in relation to an assessment under regulation 5.

(7) If the local authority decide to vary, suspend or terminate payment of the financial support, or revise the plan, they shall give notice of their decision in accordance with regulation 10, which shall include the reasons for the decision.

(8) Paragraphs (3) to (7) of regulation 9 shall apply to a decision under paragraph (3) as they apply to a decision under paragraph (1) of that regulation.