2.3 Section 17 Payments |
Contents
- Introduction
- Occasional Section 17 Payments to Parents and those with Parental Responsibility
- Occasional Payments to those without Parental Responsibility
- Exceptional Regular Payments
1. Introduction
The following is intended to guide staff as to the circumstances in which cash payments may be made to the families of Children in Need under Section 17 of the Children Act 1989 may be appropriate.
Parents and others with Parental Responsibility for children have a moral and legal responsibility for their support. National Government has defined the minimum income which is required for the support of children ("needs allowance") and the national welfare benefits system exists to ensure that family income is maintained at a sufficient level to facilitate the care of children.
It follows from the above that Children's Social Services do not have a role in supplementing family income and that any cash payments to parents or those with parental responsibility must be limited to emergency/exceptional situations, which are not covered by national income maintenance arrangements.
2. Occasional Section 17 Payments to Parents and those with Parental Responsibility
For the reasons outlined above, section 17 payments to those with parental responsibility will never take the form of a regular allowance. They will rather be occasional payments designed to overcome a cash crisis, which would otherwise have an unacceptable impact on the care of the children in the family. Exceptionally occasional payments may also be made to meet a special need on the part of a child, which would not otherwise be met.
Consistent with the wording of section 17, such payments will be "exceptional" and will consist of the minimum amount required to reasonably meet the assessed need.
Consideration of such payments must be at Team Manager level and the basis of the decision (including any amounts) must be clearly noted on the relevant case file.
3. Occasional Section 17 Payments to those without Parental Responsibility
Section 17 can also be used to support extended family members and family friends to assist in the care of children at a time of crisis.
Whenever the need for alternative arrangements to care for children is assessed as being required, social workers are required to assist parents to consider the scope for a child's care needs to be met by extended family members and friends. Such arrangements must always be explored in partnership with parents as an alternative to a child becoming Looked After.
In such circumstances the arrangements for placement are made between the parents and the carers and the role of Children's Social Care is limited to assisting the parties to make the arrangements and to advise regarding benefit claims etc.
While most "kinship care" arrangements are established without Children's Social Care involvement, there are occasions when financial assistance is required to support such placements. As children placed through such arrangements are not looked after, any such support is provided under Section 17.
Generally family or friend carers will obtain the finance necessary to support the child from the parents or by claiming welfare benefits and, in these circumstances Section 17 assistance will be limited to occasional payments designed to overcome a cash crisis, which would otherwise have an unacceptable impact on the care of children. Exceptionally occasional payments may also be made to meet a special need on the part of a child, which would not otherwise be met.
Consistent with the wording of section 17, such payments will be "exceptional" and will consist of the minimum amount required to reasonably meet the assessed need.
Consideration of such payments must be at Team Manager level and the basis of the decision (including any amounts) must be clearly noted on the relevant case file.
4. Exceptional Regular Payments
Normally S17 assistance is limited to occasional payments as outlined above.
In very exceptional circumstances however, regular payments may be made as follows:
- Regular payments cannot be made to persons with parental responsibility
- Regular payments can only be made to family/friends carers whose income is below the specified "needs allowance" for the family and child and who are not entitled to claim welfare benefits to supplement this.
- The maximum amount for a regular payment is that which will increase family income to the specified "needs allowance".
Consideration of the need for regular payments must be at Integrated Services Manager level and any payment arrangement must be reviewed at three monthly intervals. The basis of the decision (including the amounts) must be clearly noted on the relevant case file.
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