Care Leavers’ 16 - 25 year olds Financial Entitlements2020

1. Introduction

This policy has been designed with Care Leavers in Derbyshire. Its aim is to set out what financial support Derbyshire Care Leavers are entitled to and could receive from Derbyshire County Council. This policy should be shared with all care leavers and the details of any financial entitlement should be detailed in the young person’s pathway plan, if appropriate.

This financial policy is underpinned by the 100% in Education, Employment and Training (EET) Strategies for Care Leavers and Children in Care launched in June 2015. This sets the aspiration that we, as Corporate Parents, have to ensure there are opportunities to meet young people’s needs in relation to moving into the world of work. It promotes Derbyshire’s ethos that young people will always be better off if supported with the best advice and guidance and with this the best life chances to engage in EET, where it is possible for them to do so.

2. Who is entitled to this support?

2.1 If you are an Eligible Care Leaver You are aged 16 or 17; and You are currently a child or young person in care; and You have been cared for a period of 13 weeks (or periods amounting to 13 weeks) which began after you reached 14 and must include at least one day whilst you were 16 or 17 years old.

2.2 Relevant Care Leaver You are no longer being cared for by the Local Authority but you have been ‘eligible’; and You are currently 16 or 17 years old.

2.3 Former Relevant Care Leaver You are aged between 18 and 21 and before reaching 18 you were, or had been, a relevant young person; or Immediately before you stopped being cared for you were an eligible young person; if at the age of 21 or before reaching the age of 25 and you continue to be in full time education or training, then you will remain a former relevant child until the end of the agreed programme of study.

2.4 Qualifying Care Leaver You are at least 16 but under 21; and You were a cared for young person prior to the making of a special guardianship order which was in force when you reached 18; or If at any time after you reached the age of 16, but while you were still a cared for child, you were no longer looked after or fostered; or You were privately fostered and assessed to be in need.

As a qualifying care leaver you are able to access advice and assistance by Derbyshire’s Leaving Care service.

For children and young people in care, there needs to be an early emphasis on promoting the development of skills on how to manage finances. Pocket money and identified allowances e.g.for leisure and clothing, can be used whilst you are in foster or residential care to help develop these skills. This should be considered for you as early as possible and at the latest from the age of 15 onwards.

During the 6 months before leaving a care setting to move to a semi/independent provision, you should be encouraged to use allowances for food, mobile phones, toiletries etc. Foster Carers and residential staff should allow you to have an independence trial week or weeks whereby you receive £60.00 and purchase all of your own food, transport, clothes, toiletries, pay a utility contribution to the home and undertake all tasks as if you were living independently. This will give you a taste of independent living so that you are adequately prepared for it.

Financial arrangements for care leavers who have remained with their ex-foster carers under a ‘Staying Put’ arrangement, are outlined in the Staying Put Policy and will be included in their Living Together Agreement.

4.1 Living Allowances 16 and 17 year olds in semi-independent or independent living settings

An income maintenance allowance of £60.00 per week will be paid, which is equivalent to the rate of benefit for you if you are in this age category.

Where possible, allowances will be paid directly into your bank account. In some circumstances, particularly if you are not engaged in education, training or employment, an arrangement may be made to collect your allowances at the same time as attending a meeting with Leaving Care staff. In some circumstances you may need assistance with managing your money and allowances.

In extreme circumstances your Personal Adviser may need to shop for provisions with you or provide allowances in kind, (e.g. food vouchers), instead of providing cash.

If you are living in supported accommodation, where contributions are required for utilities and/or food, an amount to cover these costs may be deducted from your personal allowance and paid directly to the provider should you not be able to manage this arrangement yourself.

4.2 Care leavers 18 years and above

If you are a care leaver and not in employment you are eligible for a number of means tested welfare benefits via Job Centre Plus. This applies whether you remained in foster or residential care or living in supported or independent accommodation.

As a care leaver you can claim Income Support and Housing Benefit whilst you are engaged in Further Education from your 18th birthday until the end of the academic year in which you are 21. If not in Further Education, Jobseeker’s Allowance will apply. N.B Income support, Jobseekers Allowance and Employment Support Allowance has transferred to Universal Credit in some areas and will be rolling out across the country in 2019. https://www.gov.uk/universal-credit/overview

3. Care Leavers living in residential or a foster carer placement

4. Allowances for eligible and former relevant care leavers in supported or independent settings and relevant care leavers

4.3 Birthday and Christmas/Festivity Allowances

The following allowance will usually be paid:

Birthday allowances 16,17,18 years - £35.00 Birthday allowances aged 19, 20 & 21 years - £35.00 Festivity / Christmas Allowances 16, 17 years - £35.00 Festivity / Christmas Allowance 18, 19 & 20 years - £35.00

4.4 Setting up home allowance

An allowance of up to £2,000 will be available towards the cost of setting up your home. This sum should go towards the cost of furniture items, rent deposit and bond, contents insurance and TV License where appropriate.

You will need to be in your own tenancy and /or your name on the Tenancy Agreement. This allowance includes the cost of providing the first year’s television license and contents insurance if that can be arranged. It may be spent in stages and has to be spent on essential items that will need approval from the Team Manager.

Your Personal Adviser / Social Worker will discuss with you the sorts of things you can spend the money on e.g. furniture and household items, to assist you in balancing cost, value for money and choice, and will support or help make these purchases with you.

If this allowance has not all been accessed by the time you reach 21 years a note will be made in the last Pathway Plan and Case Summary of the amount remaining. The allowance may be accessed at any time up to your 25th birthday.

4.5 Time with Family

As a 16/17 year old eligible and relevant young person, reasonable transport costs to visit family can be available. This will need to be discussed and agreed by a Team Manager and will need to be recorded in the Pathway Plan.

In exceptional circumstances a young person over the age of 18 may be given such assistance as agreed with the Team Manager of the Leaving Care Service.

4.6 Driving Lessons

The Leaving Care Service will support you by purchasing a provisional driving license so that you are able to take driving lessons. Funding will also be provided for a Theory and Driving Test.

The Leaving Care Service will fund x 10 driving lessons for all care leavers as long as they contribute to purchasing x 10 lessons themselves. To obtain this you will need to be engaging with your Pathway Plan.

4.7 Personal Living Allowance and Cultural Needs As a 16/17 year old in residential care you will receive £13.00 personal living allowance and £31.21 clothing and festivity allowance per week.

In addition to a maintenance allowance of £60.00 per week, as a 16/17 year old living in semi or an independent setting, you are entitled to £500.00 per annum personal living allowance to support you, including clothing, social activities, hobbies, social activity, outings, and any cultural or religious festivity payment.

This allowance should be spent in stages and, where possible, you should spend this independently and provide receipts to your Personal Adviser/Social Worker. If it is assessed that you would not be able to manage this money appropriately, then it shall be spent with you by either your Carers/Social Worker or Personal Adviser.

18+ clothing allowance – if you are an 18-25 year old care leaver your Personal Adviser can access finances to support you with clothes. This is a one off discretionary payment and should be accessed to support you to attend a job interview, or if you are experiencing a crisis, or you need it for pregnancy or changes in height and body shape. Any payment of this type is up to a maximum of £50 and requires the Team Manager’s approval.

4.8 Identification Documents

All young people should have a National Insurance number from the age of 16 but this is not issued automatically. At the age of 15 years and 9 months, your Social Worker should make a request for an application to be made.

When you receive your National Insurance number, your Social Worker should record it on your case file record immediately.

To ensure you have other documentation to prove your identity, Children’s Social Care will pay for the initial purchase of the following:

- Passport / travel documents (including a renewal) - Provisional driving license - Copy birth certificate - Deed poll certificate.

4.9 Transition to employment, training, education, benefits and emergency financial assistance.

There may be a need to bridge a financial gap for you when there are changes to how you receive your money e.g. where starting work, transferring to benefits or waiting for a student loan. These are called transitional payments and will usually be made to ensure that you are not without income. The amount will depend on your circumstances and will be decided on a case by case basis agreed by the Team Manager. Details of what has been agreed should be recorded on your case file. This support will usually be part payment of income maintenance rate with the offer of a food parcel. This would be up to 6 weeks period or if payments have transferred then sooner.

5. Education/Employment and Incentives to Work and Learning In Derbyshire we are keen to encourage our young people to study at higher levels and would want to support you the best way we can. The support includes both ongoing contact with the Leaving Care Service and financial support paid directly to you.

Support is offered by a dedicated Adviser from Virtual School and from the Leaving Care Service. This includes a Personal Adviser who will keep in touch and assist you at the earliest opportunity to address any matters such as accommodation for the holiday period.

5.1 Further Education

As a care leaver you are also entitled to apply for bursaries from your chosen educational establishment to help with costs associated with courses. The 16 to 19 year olds Bursary Fund is money the Government has given to local authorities, schools, colleges and other education and training providers (institutions) to give to students. Its purpose is to provide financial support to help students overcome specific barriers to participation, so they can remain in education.

The bursary is up to £1,200 a year for young people including care leavers.

If you are a student, the Leaving Care Service will offer financial support through at least one course of further or Higher Education of your choice until you are 21 years old, or until the end of a programme of education or training, if that has been previously in your Pathway plan.

If the financial support you may need as a student leaving care is not met by a bursary or charitable fund, the following costs may be met; for example:

- Registration and Examination fees; - Textbooks and equipment specified as essential; - Activities essential to meet course requirements; - Transport costs to open days and college interviews; - Specific clothing, including clothes for interview or related to the course.

If you need a laptop for your study this can also be purchased for you. Your Social Worker/Personal Adviser will make a request to Virtual School on your behalf. If you were already provided with a laptop from Virtual School, you will be expected to use your bursary award towards this cost.

If you are aged 16-19, reasonable transport costs can also be paid for you to get to and from your Further Education course; you should not have to pay for this out of your college bursary. If you are in foster care, reasonable transport costs via public transport can be made by your foster carers. If you are in semi or independent accommodation these transport costs should be made by the Leaving Care Team.

5.2 Higher Education

The guidance is for care leavers who are planning to undertake any higher level education (level 4 and above). Access to this support is only available for the first qualification at level 4 and above. The principles outlined can be applied to any level 4+ qualification course, whether at University, College or training provider.

The level of payment made by Derbyshire in the form of top up has been set at a level sufficient to prevent the need for students to take on more debt than they can manage. If you need more income you are expected to take up part time and holiday work to supplement your income.

5.2.1 Application process for Care Leaver Higher Education Scheme Where a care leaver undertaking an access course/foundation level entry course followed by a 3 year degree course, funding will be available for all 4 years. As a care leaver, if you are required to retake any year of a course for whatever reason, an application must be made to the Authority to extend the scheme for another year. Such help may or may not be granted dependent upon the circumstances of the retake.

Where your course requires periods of work experience, the Authority will continue to support you in finding suitable accommodation for the period required, but any financial help would take into account the income you are earning whilst in the placement.

5.2.2 Age Restrictions on Receiving Financial Support as a Care Leaver

To receive Higher Education (HE) financial support from Leaving Care Services you must be doing a HE funded course and have secured a provisional place at a University or Further Education provider by the time you are 22 years old. Any requests after you are 22 years old will need to be presented to the Head of Virtual School for individual consideration.

As a care leaver you will continue to receive leaving care support beyond 21 years of age until you complete the agreed programme of education outlined in your Pathway Plan. This means that you can delay a decision to take a higher level qualification until you are 21 and still be guaranteed support from the local authority. If you are a care leaver aged over 21 but under 26, Derbyshire will consider applying for this support on your behalf, but the final decision on funding will rest with the Virtual School Head.

If you are leaving care and wish to go on into HE you will need to apply to the Student Finance Scheme in the same way as all other young people. For courses that will begin in 2019/20 year, Tuition Fee Loans and Maintenance Loans for living costs are available to care leavers. Full information can be found at https://www.gov.uk/student-finance/new-full time-students

5.2.3 A Care Leaver Higher Education Bursary

The commitment from Derbyshire County Council falls into two categories; Higher Education Bursary and living costs. Derbyshire County Council will support and pay a bursary of £2,000 to young people in full time HE spread over the duration of the course. This bursary is designed to cover some of the costs in providing equipment, books and other items. Payments will be split over the course with £1000 payable in the first year and further payments of £500 in second and third years. Your Leaving Care Personal Adviser will arrange for this to be paid in instalments over the length of the course. Application forms are available from the Virtual School 16+ HE Adviser - virtualschool@derbyshire.gov.uk

The application form needs to be completed and returned to Virtual School once the University place has been secured and maintenance loan and bursary amounts are known. The application form requests details of the course duration and other essential details. Virtual School can then determine the level of support available.

These top up payments are claimed via the Leaving Care Personal Adviser. Any payments made to you by the Authority will be spread over 52 weeks to enable you to make financial provision for holiday periods.

As well as top up payments, an amount of £35.00 Festival Payment is also included and will be paid by the Leaving Care Personal Adviser, and on a birthday.

5.2.4 Help with living costs Living costs will be paid in full for accommodation for 365 days up to a maximum of £5000 outside of London, and £7500 in London. These costs can only be paid direct to the Landlord. The obligation on you, with the help of your Leaving Care Personal Adviser is to maximise your income from any other grants and bursaries to which you might be entitled and to ensure you budget in a manner which spreads your income over the full academic year including holidays. Failure to do so will limit access to any support from the Authority.

Some University courses are funded by the NHS or other Government departments and attract bursaries/sponsorships which are more like a wage than a grant. In such cases Derbyshire will only provide assistance with accommodation when the level of funding from the NHS/other Government department is less than £8430.

5.2.5 Additional Financial Support available

As a person leaving care you will be able to apply for a Maintenance Loan from Student Finance (England) on www.gov.uk/apply-online-for-student-finance. Such loans are means tested.

Universities offer a range of support and bursaries. The level of bursary can depend on the nature of the course and the location of the University. Some Universities and Colleges also pay Institutional Bursaries and extra bursaries for students who have been in care. Young people must indicate on their UCAS application that they are a care leaver to access this support.

The Personal Adviser will assist you in applying for all these and also to charitable organisations for any additional funding.

During the holidays, if a return to your ex-foster carer is planned, this must be agreed in accordance with the Staying Put Policy; there is an expectation that you will contribute towards food and utilities. This will be clearly detailed in your Pathway Plan.

All payments will be made following the Care-Leavers Service receiving regular confirmation of attendance from the University.

If you can demonstrate you are self-supporting (earnings), or you have sufficient savings to see you through your extra year of studies, Derbyshire may make a financial contribution by paying the course fees for the duration of the course so long as the course is a continuation of the studies previously undertaken and there is no break in your study.

As a care leaver, and if you fail to successfully complete your course of study, you will be responsible for the repayment of any loans to the Student Finance Company in full.

5.2.6 Special Circumstances

There are other Government schemes to help young people in special circumstances such as Disabled Student Allowances (DSAs), the Parents Learning Allowance designed to help students with dependent children and Child Care grants. The Derbyshire top up will not take into account any income received from these special grants.

5.2.7 Graduation Gift

When you graduate from your studies you will also receive a graduation gift of £150 (you should consider using this for the hire costs on your cap and gown).

5.2.8 Masters / PhD Level

You may wish to continue onto a Masters level course once you finish your first degree. Support for Masters or PhD level degrees will be assessed on an individual basis. However, as support is available from Student Loans and other sources for courses you are expected to be self-supporting. Funding available to support a Masters qualification is at the discretion of the Virtual School Head.

5.3 Unpaid work experience, voluntary work and positive employability related activities

An incentive for engaging in unpaid work, voluntary work and positive activities will be paid as follows: - 15 hours or over - £30 per week (maximum) - Fewer hours - £2 per hour.

Payments of these incentives will be agreed on a case by case basis by the Leaving Care Service Team Manager. They will not be paid if being undertaken as part of a Job Centre Plus Agreement or as an order in force as a result of criminal activity.

5.4 Care leavers returning to education or starting new courses over the age of 21

Young people previously eligible for Leaving Care services, who wish to resume or start another programme of education or training after the age of 21, will be entitled to support. They will have been informed of this as they approach the age of 21 and it will have been referred to in their last Pathway Plan prior to 21 years and they will have been sent a post-21 offer letter at that time.

Support can be available for a maximum of 4 years as long as you continue on the agreed education or training programme, even if this goes beyond your 25th birthday. Should you require this support you will need to complete a request outlining what the course is, the cost of the course, the length of the course and what you expect to gain and achieve.

The extent of practical and financial assistance provided will depend on your needs and will reflect the type of course, whether it is full or part time, and an assessment of your existing income will also be carried out. Advice will be given on sources of funding available from bursaries, grants and charitable organisations.

6.1 Top up payments

If in a full time, employed training or apprenticeship, the Local Authority will ensure that you are no worse off than if you were on benefits. If you are a care leaver living independently and on an apprenticeship, your Personal Adviser will complete a Financial Assessment, and if after costs such as rent and living expenses are deducted from your wages, your income needs topping up, the Local Authority will support you. You will need to provide proof of your incomings and outgoings as part of the financial assessment. Top up payments are agreed by the Leaving Care Team Manager.

6. Training, Apprenticeships and Employment for eligible care leavers in supported or independent settings

7. Health and Well-being

7.1 Health costs

Care leavers under the age of 19 and in full time education will generally be exempt from the majority of National Health Service health charges. For others you may claim assistance via the National Health Service Low Income Scheme. You will need to complete forms HC1 (SC) and HC1.

Care leavers who are detained in hospital will have your health needs assessed by a health authority for any counselling or therapeutic support.

Lone parents and sick and disabled care leavers in receipt of Income Support or Employment & Support Allowance / Universal Credit, will be exempt from National Health Service prescription, dental charges and sight tests charges. Full details of the help available can be found in leaflet HC11 ‘Help with Health Costs?’; this is available from main post offices, Job centre Plus offices, National Health Service hospitals and some National Health Service practitioners. Forms can be obtained from Job centre Plus offices, National Health Service hospitals and from some doctors, dentists and opticians or by contacting the National Health Service Forms order line on 0845 610 1112 or by email at nhsforms@spsl.uk.com . More information is available from the Health Cost advice line on 0845 850 1166.

Requests for assistance over and above the basics provided by the above will be considered on a case by case basis e.g. if there is a need for you to have particular spectacle frames due to your employment or training rather than the basic minimum, or you need complex orthodontic treatment which is not covered by benefits.

7.2 Pregnant and / or Parents (family nurse partnership to check)

As a pregnant 16/17 year old you will continue to receive your personal allowance and equivalent of the benefits agency milk entitlement until 11 weeks before the estimated delivery date. At this date you can make a claim for income support. This applies regardless of your care status, i.e. on a Care Order, subject to S20 or discharged from S20. Your Social Worker / Personal Adviser will assist in making these claims at the appropriate time with the Under 18’s Benefits Adviser. Benefits received will replace the Income Maintenance allowance.

7.3 Maternity Grant

If you are a care leaver who is pregnant, on benefits or low income, you may be entitled to a Sure Start Maternity Grant of £500 to purchase what is needed for your first baby. This can be accessed via your community midwife and claimed from 11 weeks before the birth, until the baby is 3 months old. It is not payable until after the baby is born, in which case your Leaving Care Worker may arrange an advance. The grant is non-repayable and does not affect other benefits or tax credits. Further information is available from https://www.gov.uk

8. Specific groups of care leaver in supported/independent settings and those with additional needs

The law around asylum and immigration has grown over time since the Human Rights Act 2000. This is an ever changing area and will be updated in response to any new case law, guidance or legislation.

8.1 Unaccompanied asylum-seeking young people If you are a 16/17 year old Unaccompanied Asylum Seeking Child/young person living in supported accommodation, you will receive the same funding from the Leaving Care Service as for all other care leavers. From the age of 18, former relevant children who have been granted leave to remain in the UK can generally claim means tested benefits and have rights to public housing. This includes circumstances where your leave to remain has expired, but you have applied for an extension of leave to remain (provided the application was made before the previous period of leave expired), and that application is still under consideration, or an appeal against refusal of the extension has been made. It is especially important, therefore, that you are aware you have the opportunity to apply for an extension of leave before the earlier granted period of leave to remain expires.

8.2 Unaccompanied Asylum-Seeking Child/Young person/Indefinite leave to Remain/Appeals Rights Exhausted

Unaccompanied Asylum Seeking Children who do not have Refugee Status/Indefinite Leave to Remain are not eligible to claim an Education Bursary, but may be able to make use of the ‘Care to Learn Fund’.

If you have limited leave to remain (usually Discretionary Leave), or are appealing an adverse decision, the Leaving Care Service will consider funding education courses that finish in the academic year prior to your status expiring. This will enable you to complete your courses and gain qualifications which you can use on returning to your country of origin.

With an appeal the Local Authority will agree to support your first appeal and will signpost for legal advice.

If you are “unlawfully present in the UK” – which includes if you have been refused asylum and have either not applied for an extension of further Discretionary Leave to remain, or have applied for an extension, but that application and any appeal has been rejected, you can generally only be supported to the extent necessary to avoid a breach of your human rights (under the European Convention of Human Rights).

A Human Rights Assessment should be arranged with the UASC Team to ascertain if care leaver support should continue. Examples which may demonstrate that support should continue for human rights reasons might be:

- You are taking all reasonable steps to leave the UK but are unable to do so immediately e.g. because you are waiting for the required travel documents from the national embassy; - You are temporarily unable to leave the UK because you are too sick to travel; - You are awaiting the outcome of judicial review proceedings in the higher courts in relation to your asylum claim.

8.3 European Economic Areas (EEA) Nationals

If you are an eligible care leaver and approaching 18 and from an EEA country and not a British Citizen, you may also be affected by the Immigration Act 2016. The range of options available to you will be detailed in your Pathway Plan.

8.4 Care Leavers in Custody

If you are an eligible and relevant young person aged 16/17 in custodial settings, you will not receive full personal living allowances. This is because you will not have the usual expenses of living in the community and there are usually opportunities for you to earn some money whilst in custody. If this is not the case, exceptions can be made with the agreement of the Leaving Care Service Team Manager. Discretionary support will be offered in the event you have additional needs.

All care-leavers in custody from the ages of 18-25 will still be offered support, through visits and advice and assistance throughout the custody period and on release. Any additional financial support whilst in custody will need to be agreed by the Leaving Care Service Team Manager.

8.5 Council tax exemption

It is our intention to implement a council tax exemption policy to all care leavers living in Derbyshire, up to their 25th birthday. Your Personal Adviser will give you details of this when this happens.

8.6 Guarantor scheme

As Corporate Parents we will support all care leavers ready to take on a tenancy in your own right. We will provide you with your first month’s rent and deposit in agreement with your Personal Adviser and agreed by the Leaving Care Manager.

Complaints and Compliments about the service you are offered This financial policy will be reviewed every year and the Children in Care Council / Care Leaver Forum will be consulted to provide a transparent and equitable offer to all care leavers.

Please tell us if you think something has gone wrong so we can put it right. If you are a child or young person who wants to make a complaint we will arrange an advocate for you. This is someone who will support you in making your complaint. Advocates may also be available for adults who need help.

There is a statutory procedure for handling complaints about services provided under Part III of the Children Act 1989 which sets out who can make a complaint and what can be complained about.

You can find further information on other website sections of this page. Where a complaint falls outside this statutory remit it will be dealt with under our Corporate Complaints procedure. https://www.derbyshire.gov.uk/council/complaints/childrens-social-care/complaints-about-childrens-services.aspx

Your first step is to speak to your worker or their manager. Alternatively, you can ring Call Derbyshire (01629 533190) if you would like to speak to someone else. We will make sure your complaint is dealt with confidentially, quickly, carefully and fairly and we will apologise and put things right if we have made a mistake.

This document is being reviewed and will be re-published in September 2020.