Demonstrating child responsibility to claim Scottish Child Payment as a kinship carer
A kinship carer can demonstrate child responsibility through meeting these evidence requirements. If they or their partner are not the child’s parent but are the child’s kinship carer and are either:
- related to the child (either by blood, marriage, or civil partnership)
- a friend or acquaintance of a person related to the child (either by blood, marriage or civil partnership)
This means that the child will live with the person or their partner (exclusively or predominately).
Non-looked after children
In the case of non-looked after children, demonstrating child responsibility as a kinship carer for Scottish Child Payment could be through:
- a kinship care order has been made within the meaning of Section 72(1) Children and Young People (Scotland) Act 2014. A kinship care order is:
- a Section 11 order made under the Children (Scotland) Act 1995 which grants parental responsibilities and rights, including the right to have the child living with the carer (or for the carer to regulate the child’s residence)
- a residence order which states the child shall live with, or predominantly live with, the carer
- a section 11 order which appoints the carer as a guardian for the child
- a kinship care order may otherwise be known as a Residence Order, Section 11 Order or a Kinship Care Order
- certain orders in respect of children which are made by Courts outside of Scotland can be recognised in Scotland, there is law around which orders can be recognised in Scotland
- if a kinship care order as defined under section 72(1) of the Children and Young People (Scotland) Act 2014 is pending for administrative purposes (for example, the order has been granted but they do not have a physical copy yet) a letter from a solicitor or local authority confirming that this order has been granted can be used as evidence
Looked after children
When a child is considered to be ‘looked after’ within the meaning of section 17(6) of the Children (Scotland) Act 1995 and placed with kinship carers by the local authority, there has to be a written agreement between both parties.
This can be evidenced through an agreement between the person, the person's partner or both of them, and either:
- a local authority by which the child is looked after within the meaning of section 17(6) of the Children (Scotland) Act 1995, there has to be a written agreement between the children and the local authority because of regulation 11 of the Looked After Children (Scotland) Regulations. In an instance where an agreement has been made but is pending for administrative purposes (for example, the order has been granted but they do not have a physical copy yet) a letter from a local authority confirming the agreement can be used as evidence.
- a local authority in England or Wales by which the child is looked after within the meaning of section 105(4) of the Children Act 1989, in this instance a letter from a local authority confirming a kinship care agreement would be sufficient.
- an authority in Northern Ireland by which the child is looked after within the meaning of article 25 of the Children (Northern Ireland) Order 1995, in this instance a letter of support from a local authority confirming kinship care would be considered sufficient
If they do not meet the definition of kinship carer in the regulations
If the person, or person’s partner, does not have a Kinship Care Order (as defined above) or if the child is a looked after child and there is no agreement with a local authority, then they do not meet the definition of being a kinship carer for Scottish Child Payment.
However, the person, or their partner, may still be eligible if they can demonstrate child responsibility through the child being named on their or their partner’s:
- Child Tax Credit
- Child Benefit
- Pension Credit
- Universal Credit