SGO

mermaid
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Joined: Tue Jan 05, 2010 1:02 pm

SGO

Postby mermaid » Tue Aug 10, 2010 3:29 pm

Just want to clarify that what the judge suggested the LA should consider paying me was back payment for previous months and not the SGO allowance..
Does any one know the rate for SGO allowance? I know that once i agree to this i won't get more support.. So i need to be sure in my decision.. Thanks

Mermaid

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David Roth
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Re: SGO

Postby David Roth » Tue Aug 17, 2010 1:09 pm

Mermaid, there isn't a standard rate for SGO allowances. Every local authority works it out differently. Some link it to the fostering rate, some link it to residence order allowances, and some have their own unique way of working it out. However, it is usually means tested. It is also usually expected that people with SGO will be claiming child benefit and child tax credit, so the calculation usually deducts the amount you should be receiving for them from the total.

There is a legal judgment that says that the amount paid as SGO allowance SHOULD be what carers would receive if they were fostering the child. However, not all local authorities respect this precedent. You might need to us the complaints process to make sure your local authority paid it.

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spice
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Re: SGO

Postby spice » Tue Aug 17, 2010 7:37 pm

Hi David, do you know which legal judgement that is?
Thanks

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David Roth
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Re: SGO

Postby David Roth » Wed Aug 18, 2010 9:29 am

The case is B V London Borough of Lewisham [2008] EWHC 738 (Admin). You can find the judgment here: http://www.familylawweek.co.uk/site.aspx?i=ed1173

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David Roth
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Re: SGO

Postby David Roth » Wed Aug 18, 2010 4:18 pm

That decision was upheld by a more recent judgment earlier this year involving Kirklees: http://www.familylawweek.co.uk/site.aspx?i=ed55458

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