The Scottish Government

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ISBN 978 0 7559 9005 4 (Web only publication)
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Contents

Introduction

Regulation 2 - Interpretation
Question 1: In conjunction with the definitions used in the Act, are the definitions in this regulation sufficient?
Question 2: Is there a situation in which the further definition of an agency adopted child would apply, do you think that this further definition should be included in the Adoption Support Services and Allowances (Scotland) Regulations 2009?

Regulation 3 - Adoption Support Services for persons outside the area
Question 3: Do you agree that the three year period is right?
Question 4: Is the general approach in Regulation 3 supported?
Question 5: How far should "outside the authority's area" extend, within Scotland, the UK or wider?
Question 6: Should the provisions for providing support services to those residing out with the local authority area be extended to cover such other persons identified in section 1(3) of the 2007 Act, if so, which persons?

Regulation 4
Question 7: Is the approach suggested, to provide for allowances in circumstances where there are unusual costs, correct?
Question 8: Are the circumstances set out in the Regulation sufficiently comprehensive?
Question 9: Although the intention is not to legislate for a minimum adoption allowance, your comments on how we may approach this in guidance will be very helpful.

Regulation 5
Question 10: Should remuneration for former foster or kinship carers be allowed?
Question 11: Is the period of two years correct?

Regulations 6, 7 and 8
Question 12: Is the ability to pay allowances, as outlined in Regulation 6, suitable?
Question 13: Are the factors that must be taken into account in determining the amount of an adoption allowance correct and sufficient?
Question 14: Is it correct that these factors should be disregarded in certain circumstances, and are these circumstances sufficiently covered?
Question 15: Is it correct that adoption allowances should cease when the child reaches adulthood?
Question 16: Do the circumstances set out in Regulation 8 adequately capture this principle?
Question 17: Is the age of 18 considered an appropriate age when assessing the termination of an adoption allowance?
Question 18: When considering full-time education, should an age limit, such as 21, be indicated in the legislation, or is it appropriate to leave this undefined?

Regulations 9 and 10
Question 19: Are the conditions applicable to the payment of allowances appropriate?
Question 20: If these conditions are not met, are the possible sanctions appropriate?
Question 21: Are the arrangements for the periodic review of adoption allowances suitable?
Question 22: Is the facility to suspend adoption allowances pending a decision appropriate?

Regulations 11, 12 and 13
Question 23: Are the procedures set out in Regulations 11-13 sufficient and appropriate?

Regulation 14, 15 and 16
Question 24: Are the procedures for notifying the person seeking adoption support sufficient?
Question 25: Is the information to be included in the notices and final notification satisfactory?
Question 26: Does this regulation give adequate provision for the giving of notices under these Regulations?
Question 27: Should children under the age of 12 who are considered by the adoption agency to have sufficient understanding, be given notices under this regulation?

Regulation 17
Question 28: Has sufficient arrangement been made for those receiving adoption allowances under the Adoption Allowance (Scotland) Regulations 1996

Annex A: Draft Regulations

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