1. What is kinship care
In this chapter, ‘kinship care’ means a full-time care arrangement provided by a child’s extended family or wider network of friends.
The basis for kinship care arrangements varies and depends on the circumstances of the particular situation. In order to work out potential benefit and tax credit entitlement, it is crucial to know the basis of the care arrangements and whether the child counts as ’looked after’ by the local authority.1As defined in s17(6) C(S)A 1995 To use this chapter, first work out which of the following apply to you. A child can be living in a kinship care arrangement because: •an informal arrangement has been made by the family – eg, not involving the children’s hearing system or the courts. In this situation, the child is not ‘looked after’ (see here); or •a kinship care order or residence order under section 11 of the Children (Scotland) Act 1995 has been granted in favour of the kinship carer. The child is not looked after as a result of this type of order (see here); or •the carer has been appointed as the child’s guardian under section 7 of the Children (Scotland) Act 1995. The child is not looked after as a result of this appointment (see here); or •they are subject to a compulsory supervision order or interim compulsory order under the Children’s Hearings (Scotland) Act 2011, which requires them to live with the kinship carer. In this situation, the child is looked after (see here); or •there is a permanence order in respect of them under Part II of the Adoption and Children (Scotland) Act 2007. In this situation, the child is looked after (see here); or •they are accommodated with you under section 25 of the Children (Scotland) Act 1995. In this situation, the child is looked after (see here).