Worried about sister with new fella + her kids!

gottodothis_2

gizmo111 wrote: »

On what legal basis are they living with you? What orders are in place?

Full care order............... and I have already checked and i am not entitled to the family allowance. They are classed as LAC which means looked after child. The mother or the local authority gets the family allowance but not me.

You do not need to be their parent but you do need to have pr.

gizmo111

If they are on full care order when you were assessed under fostering regulations - reg 38 - they should be paying you full full fostering allowance. Do they pay you anything? Parents are not entitled to Child benefit after 8 weeks of children being on order and tax credit from 1st day. LA do not get the benefits.

belfastgirl23

Sounds to me like you have done the right thing. I just wanted to add though, assuming that your name will come out in connection with the SS enquiry, it's worth trying to make sure that there's another family member who you trust who will appear to be on your sister's 'side' just in case the children continue to live with her. I know you don't have much access now but if your sister finds out that you have spoken to SS she will cast you as the 'bad guy' and for the sake of the children you need to try to make sure that there is someone who can be the 'good guy'. Difficult I know but one of the main things abusers do is try to cut off their victims from outside influences and in doing this you are alas giving him a perfect opportunity to cut you off so you need a fallback. Although I still absolutely think it's the only thing you can do!

gottodothis_2

gizmo111 wrote: »

If they are on full care order when you were assessed under fostering regulations - reg 38 - they should be paying you full full fostering allowance. Do they pay you anything? Parents are not entitled to Child benefit after 8 weeks of children being on order and tax credit from 1st day. LA do not get the benefits.

What you are entitled to and what you get are two different things.................hence my MP being involved :mad:

Also they pay family allowance until the parent stops claiming. you cannot just amend the claim mum has to stop her claim first. That would never happen!

When you need something you are an aunt and there is no funding cos you are not a foster carer but when you do something wrong you are a foster carer!

Anyway we must not hijack this thread any more

peachyprice

gottodothis wrote: »

Full care order............... and I have already checked and i am not entitled to the family allowance. They are classed as LAC which means looked after child. The mother or the local authority gets the family allowance but not me.

You do not need to be their parent but you do need to have pr.

Who did you check with? I don't think that is correct, you should take it further

When Child Benefit can be paid [FONT=LXRTH D+ Frutiger,Frutiger][FONT=LXRTH D+ Frutiger,Frutiger]Child Benefit can sometimes be paid for qualifying periods the child spends at home. For more about this see the section [/FONT][/FONT]Child Benefit for time spent at home.
[FONT=LXRTH D+ Frutiger,Frutiger][FONT=LXRTH D+ Frutiger,Frutiger]If the child is placed with a relative or other person, and the local authority or Health and Social Services Board or Trust are not paying anything towards the cost of the child’s accommodation or maintenance: [/FONT][/FONT]
[FONT=LXRTH D+ Frutiger,Frutiger][FONT=LXRTH D+ Frutiger,Frutiger]• under section 23 of the Children’s Act 1989,or [/FONT][/FONT]
[FONT=LXRTH D+ Frutiger,Frutiger][FONT=LXRTH D+ Frutiger,Frutiger]• under section 26 of the Children (Scotland) Act 1995, or [/FONT][/FONT]
[FONT=LXRTH D+ Frutiger,Frutiger][FONT=LXRTH D+ Frutiger,Frutiger]• under Article 27 of the Children’s (NI) Order 1995, payment of Child Benefit can continue to be paid either to the person the child: • lived with before going into care (but only if the money they pay towards the child’s keep is at least as much as the weekly rate of Child Benefit), [/FONT][/FONT]or [FONT=LXRTH D+ Frutiger,Frutiger][FONT=LXRTH D+ Frutiger,Frutiger]• is now living with. If more than one person claims, the benefit is normally paid to the person the child lives with.

[/FONT][/FONT]

http://www.hmrc.gov.uk/forms/ch193a.pdf

gizmo111

Also they pay family allowance until the parent stops claiming. you cannot just amend the claim mum has to stop her claim first. That would never happen!

Social services should have informed tax credits and child benefit of the date the children became looked after. Was this never discussed with the childrens guardian? And yes we must stop hijcking this thread - do you want to start a new one?

peachyprice

gottodothis wrote: »

Also they pay family allowance until the parent stops claiming. you cannot just amend the claim mum has to stop her claim first. That would never happen!

But she cannot claim for a child that no longer lives with her, that's fraud.

Savvy_Sue

gottodothis wrote: »

Also they pay family allowance until the parent stops claiming. you cannot just amend the claim mum has to stop her claim first. That would never happen!

I thought that if a second person put a claim in, they would stop the first claim while they investigated the new one.

peachyprice wrote: »

But she cannot claim for a child that no longer lives with her, that's fraud.

Precisely. Unless she's handing the money on to you, which I somehow doubt.

Apologies for staying off topic ...

busiscoming2

OP: I wholeheartedly agree with what you have done. You may find the schools have already alerted SS to any concerns they may have had. I hope it all works out for you, your sister and the children. It must be heartbreaking to be so far away from them. I hope SS intervenes before they move away and 'get lost'.

Please keep us updated as and when you can.