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Concurrent planning - who pays your Statutory adoption pay?

(25 Posts)
oinker Thu 18-Oct-12 15:25:10

We were doing concurrent planning but have now had placement agreed. Our adoption papers have been submitted we are just waiting on a date?
I took a career break from work to di concurrent planning and was paid the usuall fostering allowance. My employer is not liable to pay SAP so is it the LA who took me on as concurrent planner. I have found HRMC site which says they do but LA are a bit confused?
Anyone out there been through the same.

HappySunflower Thu 18-Oct-12 19:26:53

Concurrent foster carers aren't liable for tax/NI, I don't think as I'm pretty sure they aren't classed as employers to foster carers?
I went through concurrency, but I didn't take a break from work, I was still employed by them, just on unpaid leave so my stat pay came through my main employers and I'm pretty sure that's what happened to a friend of mine who did it too.
Are you still employed- could you call your payroll dept for some advice?

HappySunflower Thu 18-Oct-12 19:27:13

Oh, and Congratulations! smile

scarlet5tyger Thu 18-Oct-12 19:46:15

Hi, and congratulations! Foster carers have to register as self employed and are then entitled to a higher amount of tax relief - I think it's 10,000. Plus 200 per week allowance on top for each child you foster.

If u have a partner I think you have to take their earnings into account as well though, although as I'm a single carer I'm not totally sure about that.

Sorry I can't help with who pays your SAP though.

oinker Thu 18-Oct-12 21:50:22

smile thanks for your replies.
I'm on a career break. Have been for nearly a year. I was on adoption leave with DS when His sibling was born. So I went into concurrent planning. Have been concurrent planning since babba was born.
My employer will not pay as I have not been earning a wage from them for over a year.
I found this from HRMC site ....

SPM30256 - Statutory Adoption Pay (SAP) - Who is covered by the SAP Scheme
Foster parents and step-parents
An employee may be entitled to SAP if :
A child is matched with them for adoption, and
The child is placed with them for adoption.
Step-parents who adopt their partner's child or children will not be eligible for SAP.
Foster carers will not be eligible for SAP if they apply directly to the court to adopt a child they are already fostering.
However, foster parents who, through an agency, adopt a child that already lives with them may qualify for SAP if they satisfy the eligibility conditions - that they are issued with a matching certificate by an adoption agency and then child is then placed with them for adoption by that agency
For example, some agencies place children under "concurrent planning" arrangements. The child is initially placed with a family for foster care with a view to the child returning to their birth family. If this isn't possible the foster placement will become a placement for adoption and the child will be adopted by the foster carers. SAP would be payable from the time the placement for fostering became the placement for adoption."

Any ideas.... smile
But who pays ?

oinker Thu 18-Oct-12 21:52:49

Regardless of all of this SAP stuff confusedwe are totally blessed with our new family. gringringrin

Moomoomie Thu 18-Oct-12 21:58:44

Congratulations. I am so pleased that the concurrent planning has gone so well for you.
Hope you managed to get the financial side of things sorted out.

oinker Fri 19-Oct-12 18:50:27

Think it may be sorted! confusedCoram Have stated other LA's continue to pay foster allowance until adoption order is granted. This is done as employees ( concurrent planners) cannot work for their previous employer or any other whilst fostering. So, inevitably concurrent planners who are on a break from work will not get SAP.
Anyways, this ruling about continuing the fostering allowance is not set in stone, so lets wait and see what happens when our LA get this info. hmm

HappySunflower Fri 19-Oct-12 20:45:58

My fostering allowance payments continued until the official placement date had been agreed.
If I remember correctly, this ended up being about 5 weeks after matching panel.
Hope you manage to get it all sorted!

HappySunflower Fri 19-Oct-12 20:48:17

Oh, I have just read your second point....I know that my friend definitely did get SMP, despite having taken time out of work to take a concurrent placement, and it was about 6 months until they were matched at Panel.

I will email her and ask what happened/how she claimed SMP.

Serenity70 Sat 20-Oct-12 16:39:36

interesting discussion and information.
I am self employed and have just received my first foster allowance. I also get SAP through my (own) company - is that right or do I actually have to wait till our children will be adopted?? they are in permanent foster placement with us.

oinker Sat 20-Oct-12 21:30:50

SAP - I believe should be paid once babba is placed with you. You get a matching certificate which is passed to your employer as proof of match.
I don't think u should be getting if yet.
Adoption leave and SAP commences more or less at the same time. Check out HMRC website.
Good luck. grin

Kewcumber Sat 20-Oct-12 21:51:39

oinker I know that if you are made redundant your SAP is paid by HMRC (or some such govt dept) maybe being on unpaid sabbatical counts as such?

Serenity70 Sun 21-Oct-12 11:49:37

thnak you oinker.

Kewcumber: I think HMRC pays you either way. Either through your employer or directly to you??

I will go and ponder their website - great stuff to do on a weekend!!!!!!!!!!!

oinker Mon 22-Oct-12 11:34:21

I've been to job centre plus and was told NO. Called HMRC hotline and they were totally baffled and said no!
I think concurrent planning is relatively new and there is no legislation as such regarding such payments vin time it'll have to be done!

HappySunflower Mon 22-Oct-12 19:52:15

Could you call BAAF and see if they have encountered this before?

oinker Tue 23-Oct-12 12:06:22

My SW is contacting Coram to get something in writing from them. They have stated that whichever LA they are dealing with during concurrent planning pays the full fostering allowance to the family until the adoption order is granted NOT the placement order which has happened to us.
Once I hear back from them I will contact BAAF if I'm not content with the outcome.

Syrett Wed 24-Oct-12 11:03:12

U got 9 moth of pay in full just like if u have a birth chid u

Kewcumber Wed 24-Oct-12 11:10:28

Syrett - there are no statutory rules about getting 9 months of full pay - birth or adoption confused unless your employer has that policy. Oinker is on leave of absence so employer not due to pay anything. SAP/SMP is £135.45 per week.

Syrett Wed 24-Oct-12 15:19:33

U have to get the 135 a week my. Law it all in the page my give you well or was with Newcastle

Syrett Wed 24-Oct-12 15:31:08

£135 it full pay for me so I only work 16 hour

Kewcumber Wed 24-Oct-12 15:52:09

Ok I think I see £135 was full pay for you though it isn't for many - anyway the issue oinker has is who is responsible for paying her?

oinker Thu 25-Oct-12 09:10:37

Just started another post on legal thread. I have been reading through my employers SOP's.
it states... If you fall pregnant whilst on career break then u r entitled to same benefits as a woman still at work.... No mention of adoption?!!confusedhmm
It also mentions that though on a career break you are still an employee of the company... confused

Kewcumber Thu 25-Oct-12 16:36:24

No mention of adoption?!!

thats fairly standard for adoption. If you are still an employee then they need to pay to SAP. I don't see the big deal for them btw, they can claim most of it back (90% from memory).

oinker Mon 29-Oct-12 21:32:48

Decision made..... Local authority will continue paying fostering allowance until our adoption order is granted....grin
Though we are happy, we still feel that something more definitive has to be implemented for paying concurrent planners an allowance such as Stat. Adoption Pay. smile

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