Dear mamamia,
Welcome to the Parents Forum.
It is excellent news that you have had a positive assessment in respect of your older child and he will be returning home to you full time.
Are children services going to court to discharge the care order?
He is 16 but not in further education at the moment. What does his pathway plan say about education, training and support? What is the plan around him returning to you? When will children services go back to court to discharge the care order?
Care order in place
While the care order is in place, your son will be an “eligible child” and so children services should continue to support him as they are doing so. He is entitled to a personal adviser who will devise a Pathway plan. This will say what support he will be getting while he remains under a care order and afterwards as well. Ask your son or the social worker what support he will get under the plan.
What benefits can you claim when there is a care order?
When your son starts staying nights with you, then you may be able to claim partial child benefit until he is home all the time, when you should be able to claim the full amount.
You will be able to claim the child elements of Universal Credit, if you can show that the child ‘normally lives with you’. You could check with the benefits office, what evidence is needed? I assume a letter from the social worker would be sufficient.
Housing benefit and council tax credit-As soon as your son starts staying overnight you need to tell you council as you may get more housing benefit, council tax benefit and other support that your council provides. If you are affected by the bedroom tax, this may reduce or remove this tax.
No longer a care order in place
If children services discharge the care order, he will be classed as “relevant child”. The local authority will still support him. But this support will stop after a length of time of him being at home and he will not be entitled to leaving care support after he turns 18. For the full details of what is being proposed, your son should check with his personal adviser and the social worker.
Advising about the details of benefits is beyond my remit. We have some basic advice in our
advice sheet 8-what happens to my benefits when my children no longer live with me? It sets out the basics. Look at page 7 and 8 (when a child returns home but is still under a care order).
You should also seek advice from the
CAB .
Our
advice sheet 16-support for young people leaving the care system , sets out the support that your son is entitled to.
I hope this advice helps.
Best wishes,
Suzie