The Adoption Support Services and Allowances (Scotland) Regulations 2009

Review of adoption allowances payable periodically or by instalments

16.—(1) This regulation applies where the adoption agency provide adoption allowances payable periodically or by instalments.

(2) The adoption agency must review the adoption allowance–

(a) annually, on receipt of the annual statement from the adoptive parent mentioned in regulation 15 (conditions for payment of adoption allowances);

(b) if any relevant change of circumstances or any breach of a condition mentioned in regulation 15 comes to their attention;

(c) at any stage in the preparation or implementation of the adoption support plan(1) if they consider it appropriate.

(3) In paragraph (2) a relevant change of circumstances is any of the changes that the adoptive parent has agreed to notify under regulation 15.

(4) If the adoption agency propose, as a result of the review, to reduce or terminate an adoption allowance before making that decision the adoption agency must give the adoptive parent an opportunity to make representations and for that purpose they must give the adoptive parent notice of the proposed decision and the period allowed for making representations.

(5) But paragraph (4) does not prevent the adoption agency from suspending an adoption allowance pending that decision.

(6) The notice in paragraph (4) must contain the information mentioned in regulation 8(3) (notice of proposal to provide adoption support services).

(7) The adoption agency must, having regard to the review, and after considering any representations received within the period specified in the notice decide whether to vary or terminate payment of the adoption allowance and whether to seek to recover all or part of any adoption allowance that has been paid.

(8) The adoption agency must give the person notice of their decision including the reasons for it.

(1)

“Adoption support plan” is defined in section 45 of the Act.