Hi, am hoping someone can offer me some advice, its a long story so apologies and please bear with me.
18 months ago 3 children of a family member were placed with me by social services. At the time i was living (quite comfortable) with my own 2 children in a 3 bed house. In order to stop the 'new arrivals' from being taken into the care system i was told i must move into a bigger property. Council wouldnt help as they said until everything went to final hearing the children could only be classed as living with me tempararily. So I had to take private rented accommodation. ( had to give up work when the children arrived)
After a very long fight Social services now pay me a maintainence allowance. This is equivilent to foster care allowance minus the money that foster carers get for birthdays, holidays, christmas, clothing, travel. Being in receipt of this allowance means I cant claim Child benefit or tax credits for these children, only for my own. The maintainence works out around £755 per month for all 3 children. I am not classed as a LA foster carer.
A new HB application went in for the bigger property. am still waiting for written confirmation of the figures but it appears that there will be a shortfall of around £300 per month. Verbally council have said that this is because the housing benefit can be worked out in one of two ways. Either they can
a) Take the maintainence payments fully into account as an income and work out HB that way
b) they can disregard the children, and the maintainence payments, and work out the HB based my own income and on our need for a 3 bed house.
They also said the children are being disregarded anyway as they are still not classed as permanent despite 2 now being on Interim residence orders.
I have been inrormed that there is a possibility that these types of maintainence allowance, along with residence order and Special guardianship allowance are discounted (or a portion of), and have been directed to the OPSI website for further information, but to be honest, the jargon, schedules and sub paragraphs completely confuse me and i cant make head nor tail of it.
I cant also fathom how they can completely discount the children as not being permanent, they have been with me for 18 months now, 2 are on IRO's giving me the bulk of parental responsibility, and when we get to final hearing (sometime early next year) there is no doubt we will be granted full Residence orders for them all.
Any help would be gratefully appreciated.