Kinship Care

Scottish Law

What is Kinship Care and who are kinship carers?
Thousands of people care for children because their natural parents cannot look after them, all or most of the time. Kinship carers can be grandparents or other members of the family or friends that have chosen to take on the role.

If you are considering taking on the role of a kinship carer it's important that you understand your responsibilities and any help and support available.

Just with any family law arrangement it can be a very emotive issue and it's important to set out the rules for things like visitation rights and Financial issues. As a rule HMRC follows the guidelines that the person that the child lives with most of the time is entitled to claim any benefits, such as child benefits or Tax credits, if you are in any doubt about this you can speak with the HMRC or citizens advice.

When considering this role you can obtain advice from a number of places.

Apart from the two mentioned above the CAB who run a dedicated helpline 0808 800 0006 and the HMRC, you can seek advice via your Local Authority (or the Authority where the child has been resident).

On a National basis there is a very good service called ParentLine run by CHILDREN 1st who can be contacted on 08000 28 22 33


What does it mean legally to be a Kinship Carer?


The legal status of the child and how that affects you as a kinship carer will depend on a number of things but by far the most important of these is the child's relationship with the Local Authority, if the child is being looked after by the Local Authority or not, this is a very important distinction and will play a big part in both your rights and the help you can receive from the authorities.

If the child is being looked after by the Local Authorities, which results from court action if there has been concern about the child's welfare, then the local Authority will have responsibility for that child even if they are living with you, this arrangement can also have an impact on the benefits you are entitled to.

The looked after status of a child can change if the court, the local authority, or a child's hearing make the decision to change it, as a result it is likely that your responsibility for the child will change.

If the child is not, 'looked after', then the responsibility of the local authority is the same as it is with any child in their area.

You should be able to receive any information by asking the authority or the CAB.


How the Financial situation and rights differs

Rights for a 'looked after' child

The kinship carer

- Must receive support throughout by your Local Authority
- Receive assistance compiling a child plan*
- Receive information with regards to financial help
- Kept fully informed

The local authority

- Ensure the child plan is produced
- Make a risk assessment
- Provide allowances
- Keep kinship cares informed

The child

- Must be safe
- Have a child plan in place for care
- Have an education and support if required

Financial assistance.

Your local authority will pay you an amount but this does vary from one authority to another, some will enquire about your means before deciding on the payments.
In addition, you will be able to claim the standard child benefit, any claim for Child Tax Credits will depend on any payment from your local authority, and normally any payment received from the local authority will mean you are not entitled to Child Tax Credit.

The Cab will be able to help you with any claim or advice.

How does this differ for a child that is not 'looked after'?

If the child is not 'looked after' or you are changing the legal status, be aware of the implications both financial and legal and we recommend you seek advice in all situations.

If the child is not 'looked after'

- The local authority do not have to pay a kinship payment, but if they decide it is in the child's best interest they can give both financial help and support.

- You can always ask the local authority for financial help and support.

If you are not happy with your Local Authority and the decisions they make you do have the right to complain.

You can claim both Child Tax Credits and Child Benefits.

All circumstances are different, we would recommend you take advice in every situation.

child plan* - an agreed set of objectives and principles that centre on the child's needs.