Advice over allowance please
Posted: Thu Mar 13, 2025 3:34 pm
Hi there,
Previous to finalising my SGO in September, proceedings were very delayed and so the LA said that they would pay me a weekly allowance equal to the proposed SGO allowance in my support plan. I had this in writing in two emails by the SW and one email by the manager. The ‘pre SGO’ allowance was to be backdated to the previous November until the SGO was finalised ( which happened to be September)
Before the SGO we had an interim CAO.
The allowance that we received prior to the SGO finalising was said to be equal to the SGO allowance in my support plan, that had been calculated based on the SGO means test financial assessment ( I was awarded the full allowance with no deductions )
However, the means test calculation was wrong for two reasons: 1) it was using a Kinship rate of £223 when the fostering rate was £230 and 2) it was deducting the child benefit ( when it had been agreed in writing that no deductions were to be made. So the proposed SGO allowance in my support plan was £202, when it should have been £230- using the correct rate ( equal to fostering rate) and no deduction of child benefit.
It was not all sorted out until July ( before finalising in September) From July to September I was paid the correct amount of £230.
However from November to July I was paid £202 which was based on the incorrect rate and deduction in the means test.
I have asked for the difference to be backdated as if they had of applied the correct rate and no deductions I would have received £230 from November all the way through.
I have three emails stating in writing that I was to receive the full allowance, equal to the SGO allowance in my support plan with no deductions from November to when the SGO finalised ( the final Sept)
However, now that I have asked for the backdated correct amount the LA have said it was discretionary S17 payment even though that was never said and is not written. They said in their opinion we had enough for the child’s needs and they won’t backdate it.
It is so inconsistent as if they did not make mistakes we would have received the £230 from November and then they corrected it half way through so that from July to September we received the correct £230 yet they won’t correct retrospectively.
I know that S17 is discretionary but that is not what they described it as. No mention. It’s in writing, three times that it is equal to the SGO allowance in the support plan. No separate assessments were made under S17. The amounts were taken from the SGO financial assessments where they used the DFE means testing. As we are on income based benefits, we receive the full allowance with no deductions.
Any advice as to where we stand as I feel that they have changed the narrative to avoid paying. Thank you
Previous to finalising my SGO in September, proceedings were very delayed and so the LA said that they would pay me a weekly allowance equal to the proposed SGO allowance in my support plan. I had this in writing in two emails by the SW and one email by the manager. The ‘pre SGO’ allowance was to be backdated to the previous November until the SGO was finalised ( which happened to be September)
Before the SGO we had an interim CAO.
The allowance that we received prior to the SGO finalising was said to be equal to the SGO allowance in my support plan, that had been calculated based on the SGO means test financial assessment ( I was awarded the full allowance with no deductions )
However, the means test calculation was wrong for two reasons: 1) it was using a Kinship rate of £223 when the fostering rate was £230 and 2) it was deducting the child benefit ( when it had been agreed in writing that no deductions were to be made. So the proposed SGO allowance in my support plan was £202, when it should have been £230- using the correct rate ( equal to fostering rate) and no deduction of child benefit.
It was not all sorted out until July ( before finalising in September) From July to September I was paid the correct amount of £230.
However from November to July I was paid £202 which was based on the incorrect rate and deduction in the means test.
I have asked for the difference to be backdated as if they had of applied the correct rate and no deductions I would have received £230 from November all the way through.
I have three emails stating in writing that I was to receive the full allowance, equal to the SGO allowance in my support plan with no deductions from November to when the SGO finalised ( the final Sept)
However, now that I have asked for the backdated correct amount the LA have said it was discretionary S17 payment even though that was never said and is not written. They said in their opinion we had enough for the child’s needs and they won’t backdate it.
It is so inconsistent as if they did not make mistakes we would have received the £230 from November and then they corrected it half way through so that from July to September we received the correct £230 yet they won’t correct retrospectively.
I know that S17 is discretionary but that is not what they described it as. No mention. It’s in writing, three times that it is equal to the SGO allowance in the support plan. No separate assessments were made under S17. The amounts were taken from the SGO financial assessments where they used the DFE means testing. As we are on income based benefits, we receive the full allowance with no deductions.
Any advice as to where we stand as I feel that they have changed the narrative to avoid paying. Thank you