Signing section 20 - how does this affect payments

[Nadsk1]

Hi all,
I am SGO to niece who has been in hospital with a mental health crisis. For several reasons she is unable to come home right now and social services are asking me to sign a section 20 to put her into care for abit.

I am hesitant as I feel she will struggle, but also I am aware she is a danger to the other children I care for and I need to keep them safe. Hence why a section 20 is being discussed.

One thing that came up during a discussion with my solicitor was my weekly payments. My solicitor told me to ask about my payments so I am not overpaid and left in situation owing back money- but also on flip side I’m not thrown into financial difficulties as I’m living literally off the money I get for our bills (I had to give up work in end as she has lots of needs that need meeting).

I guess my question is what happens with SGO payments during section 20 foster care.

[Robin D]

Hello Nadsk1 and welcome aboard.

I suspect there have been very few occurrences, and would expect that the SGO payments will cease one the LA are responsible for caring for her. However, I think this should form a part to your discussions with the Local Authority before the section 20 is complete. You might also contact you local councillor for support as it seems fundamentally unfair. You can find the contact details for your local authority on their website. It's often under 'Council and Democracy' or similar.

I hope you can sort out something that works for you all.

Best wishes .... Robin

[Suzie, FRG Adviser]

Hi all,
I am SGO to niece who has been in hospital with a mental health crisis. For several reasons she is unable to come home right now and social services are asking me to sign a section 20 to put her into care for abit.

I am hesitant as I feel she will struggle, but also I am aware she is a danger to the other children I care for and I need to keep them safe. Hence why a section 20 is being discussed.

One thing that came up during a discussion with my solicitor was my weekly payments. My solicitor told me to ask about my payments so I am not overpaid and left in situation owing back money- but also on flip side I’m not thrown into financial difficulties as I’m living literally off the money I get for our bills (I had to give up work in end as she has lots of needs that need meeting).

I guess my question is what happens with SGO payments during section 20 foster care.

Dear Nadsk1

Welcome to the kinship discussion forum and thank you for posting.

My name is Suzie, online adviser at Family Rights Group. I am sorry that you find yourself in this position where your financial support as a special guardian is a concern due to your niece’s mental health crisis.

You have had a response from another poster in respect of your query about what is likely to happen the special guardianship allowance you receive if you sign s.20 voluntary arrangement for your niece to be in foster care as looked after child.

I have checked the special guardianship regulations, and your will see from this extract below relating to cessation of financial support that if a child’s home is not with the special guardian the payment will end

“Regulation 9:

Cessation of financial support 45. Regulation 9 provides that financial support ceases to be payable to a special guardian or prospective special guardian if: (a) the child ceases to have a home with him (b) the child ceases full-time education or training and commences employment (c) the child qualifies for Income Support or Jobseeker’s Allowance in his own right, or (d) the child attains the age of 18 unless he continues in full-time education or training, when it may continue until the end of the course or training he is then undertaking.” (Regulation 9 – Special Guardianship Regulations 2005)

It may be that if your niece returns to your care after a period in foster care children’s services may look again at your financial situation to consider if the allowance should be reinstated. I suggest you speak with the social worker about your concerns and consideration of what is best for your niece going forward. Is the suggestion for foster care to be a temporary arrangement. This would be an important consideration since her home remains with you will be for the duration of the special guardianship order. It is important that you have the arrangements explained clearly so you can make an informed decision about what is best for your niece.


Whilst your niece is in hospital, her home remains with you but if she is in foster care that is not the case as she will be a looked after child. Read more about s.20 voluntary arrangement HERE . I think it unlikely you will receive an overpayment as children’s services will stop the payments you receive as soon as your niece is in their care.

I hope this is helpful. Should you wish to speak to one of our experienced advisers you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holidays).

Best wishes

Suzie