The Adoption Allowance Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision to enable adoption agencies to pay allowances to persons who have adopted or intend to adopt a child in pursuance of arrangements made by such agencies. They replace schemes approved by the Secretary of State under section 57(4) of the Adoption Act 1976 which are revoked on the coming into force of paragraph 25 of Schedule 10 to the Children Act 1989.

The Regulations make provision for persons who have already adopted a child and are in receipt of payments under a revoked scheme to receive instead, subject to their agreement, payments under these Regulations and for persons who have been found to be eligible for an allowance but who have not received payments under such schemes before these Regulations come into force (regulations 2(3) and 4(2)); for the other circumstances in which adoption agencies may pay allowances (regulation 2(1) and (2)) and in each case, the agreement of the adopters to supply the adoption agency with information which is required before an allowance may be paid; for determination of the amount of the allowance (regulation 3); for the procedure to be followed by adoption agencies before an adoption order is made in cases other than those where an allowance is being paid under a revoked scheme (regulation 4). This will require adoption agencies, amongst other things, to supply information to adopters about allowances (except where an approved adoption society holds itself out as not being an agency which normally pays allowances) and to consider representations from adopters.

They also make provision for certain information to be supplied to adopters by adoption agencies, for their responsibilities regarding review, variation and termination of allowances, after a decision to pay an allowance has been made (regulations 5 and 6) and for information and records of allowances to be placed on the case records kept by adoption agencies under the Adoption Agencies Regulations 1983 and to be treated as confidential in accordance with those Regulations (regulation 7).