State pension

[Biddy]

Hi,
Was just wondering if anyone could help.
I’m a special guardian for my two grandsons and her guardian allowance for them. I now get my state pension and want to know if the Borough will stop my allowance or some of it because of the pension.
Many thanks

[Suzie, FRG Adviser]

Dear Biddy,

Thank you for your post and welcome to the kinship carers’ forum.

You say that you are a special guardian for your two grandson and receive special guardianship allowance. You are now receiving your state pension and want to know if the local authority will stop or change the amount of allowance you receive.

Under regulation 13 of the the special guardianship regulations (2005), in relation to 'assessment of need for financial support:’
(2) In determining the amount of financial support, the local authority must take account of any other grant, benefit, allowance or resource which is available to the person in respect of his needs as a result of becoming a special guardian of the child.
(3) Subject to paragraphs (4) and (5) the local authority must also take account of the following considerations—
(a)the person’s financial resources, including any tax credit or benefit, which would be available to him if the child lived with him;
(b)the amount required by the person in respect of his reasonable outgoings and commitments (excluding outgoings in respect of the child);
(c)the financial needs and resources of the child.'

Firstly, I would advise that you contact the local authority and inform them of the change in your financial circumstance. The local authority will re-assess your eligibility for special guardian allowance and the amount you are entitled to based on you now receiving your pension. You can ask the local authority to provide you with a copy of their special guardianship financial assessment policy. This will allow you to see how special guardianship allowance is calculated and how your pension will be taken into account.

Please note that if someone, or their partner, are over pension age (which is now 66) then special guardianship allowance is completely ignored when the pension credit is worked out.

Best wishes,

Suzie.