Commentary on Sections Cash payments Section 24: Extension of power to make payments in cash
104.Under section 17 of the 1989 Act local authorities have a duty to safeguard and promote the welfare of children within their area who are in need and, so far as is consistent with that duty, to promote the upbringing of such children by their families by providing a range and level of services appropriate to those children’s needs. The services provided by a local authority in exercising this duty may include giving assistance in kind or, in exceptional circumstances, in cash; they may also include providing accommodation for the child, with or without his family (section 17(6)).
105.Section 24 of the Act lifts the restriction on the making of cash payments by removing the phrase “in exceptional circumstances” from section 17(6). The intention is to allow local authorities to exercise a wider discretion over the circumstances in which they make cash payments to those caring for children in need. The amendment will enable local authorities to provide regular and continuing financial support to children in need where this is assessed as being the most appropriate way to safeguard and promote their welfare.
106.“Child in need” is defined in section 17(10) as a child who is unlikely to achieve or maintain a reasonable standard of health or development without provision of services; or a child who is disabled (defined in subsection (11)).
107.This service may also be provided for a member of the child’s family if its provision will safeguard or promote the child’s welfare (section 17(3)). Any person who has parental responsibility for the child and any other person with whom he has been living is potentially eligible for this support (see the definition of ‘family’ in section 17(10)).
108.Section 17(8) requires the local authority to assess the means of the child and his parents before providing any assistance. Local authorities may decide if the assistance (or its value) should be repaid and the conditions under which this should occur. Persons receiving assistance are, however, exempt from repayment whilst in receipt of certain social security benefits.