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

Decision as to adoption support services

9.—(1) The local authority shall, having regard to the assessment, and after considering any representations received within the period specified in the notice to be given under regulation 8(1)(b), decide—

(a) whether the person has needs for adoption support services;

(b) if so, whether any such services are to be provided to him,

and shall give notice of that decision in accordance with regulation 10, which shall include the reasons for the decision.

(2) Where the assessment relates only to the provision of information, the requirement in paragraph (1) to give notice shall not apply where the local authority do not consider it appropriate to give such notice.

(3) If the local authority decide that financial support is to be paid—

(a) they shall determine, in accordance with regulation 7, the amount that is to be payable;

(b) they shall decide the conditions, if any, which are to be imposed in accordance with paragraph (4); and

(c) the notice required to be given under paragraph (1) shall include the matters specified in paragraph (6).

(4) Where the local authority decide that financial support is to be paid for a particular purpose, they may pay the financial support subject to a condition as to how the payment is to be used and may specify the date by which the condition is to be met.

(5) Where the local authority decide that financial support is to be paid, it shall be paid as a single payment except that—

(a) the local authority and the person to whom financial support is to be paid may agree that it shall be paid—

(i) in instalments on such dates as the local authority may specify; or

(ii) periodically until such date (if any) as the local authority may specify;

(b) where the local authority decide that financial support is to be paid to meet any needs which are likely to give rise to expenditure which is likely to be recurring, they may determine that financial support shall be paid—

(i) in instalments on such dates as the local authority may specify; or

(ii) periodically until such date (if any) as the local authority may specify.

(6) The following matters are specified—

(a) the method of the determination of the amount of financial support;

(b) where financial support is to be paid in instalments or periodically—

(i) the amount of financial support;

(ii) the frequency with which the payment will be made;

(iii) the date (if any) until which financial support is to be paid;

(iv) the date of the first payment of financial support;

(c) where financial support is to be paid as a single payment, the date on which the payment is to be made;

(d) where financial support is to be paid subject to any conditions, those conditions, the date (if any) by which the conditions are to be met and the consequences of failing to meet the conditions;

(e) the arrangements and procedure for review, variation and termination of financial support;

(f) the responsibilities of—

(i) the local authority under regulation 13 (review of financial support); and

(ii) the adoptive parents pursuant to their agreement under regulation 3(3).

(7) Where the local authority are satisfied that a condition notified under paragraph (3) has not been met by the date, if any, specified in the notice, they may require that the payment or an appropriate part of the payment be repaid.