Possible underpayment of SGO allowance.

[Confusedsister]

Hoping someone can help. I've just re read over the court orders from 2017 when they were granted. What does everyone make of this statement... "payment of
financial support under the special guardianship support plan in the sum of £53.93 per
week for not less than 2 years (means tested and subject to yearly review)".
I only received SGO allowance for a year before it was completely cut off as I was apparently earning too much (really didn't feel like I was!).
I feel like the statement in the court documents contradicts itself. Does it mean I should of received the amount for the full 2 years and THEN been accessed yearly or does it mean that I can have it for the 2 years IF I meet the means tested criteria??
I raised it with my council and they are claiming I'm not owed anything and they quoted it says "2 years means tested", however I feel they have just taken the words they wanted to hear from the order.
I'm going to CAB to get their advice but I'd like to see what people think of it and if others got SGO for the first 2 years of the orders?

[Suzie, FRG Adviser]

Dear Confusedsister

Welcome to the kinship carers’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser. I am sorry that there has been a delay in responding to your query. I am also sorry to hear that you only received a special guardianship allowance for a year.

You are concerned that you may have been underpaid. The wording you have quoted is not clear. The brackets make it ambiguous. It does seem to indicate that you should have been paid the amount for 2 years if you were eligible under means-testing. Special Guardianship allowances are means-tested and discretionary. Therefore, unfortunately, not every Special Guardian qualifies.

However, if you were a foster carer for the child prior to obtaining the Special Guardianship Order it is usual to receive an allowance for a 2 year transition period.

It is good that you are going to the CAB to seek further advice. I recommend that you find a copy of the original support package that was drafted as part of your assessment and take this with you, as well as the court order. If you had legal advice from a solicitor prior to becoming a Special Guardian then you could also ask them to clarify.

If you remain concerned that you were underpaid then you can make a complaint. Please see this information about how to complain. You are expected to complain within a year of the decision or action that you wish to complain about. So, it is a good idea to provide a reason for not raising this sooner, if you do make a complaint.

If your circumstances or the child’s needs have changed you can ask for a review or further assessment of your and the child’s support needs. Please see our template letter (7) which helps set out this request.

We also have an advice sheet 2) on welfare benefit for kinship carers; this sets out what financial support may be available.

I hope this is useful. If you need further advice please post back or contact the advice service gain via our freephone advice line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm. Our you can use our web chat or advice enquiry facility .

Best wishes

Suzie