test_contentimg

Claiming back for loss of earnings

Report content

Has anyone successfully managed to claim any loss of earnings back due to the unexpected disabilities of their child/ren which has resulted in the parent being unable to work/loss of pension etc etc?...or does anyone have any advice on where to begin such a process as although we are in receipt of Adoption Allowance it is nowhere near what I had expected to be earning and this is now affecting our future and the stability of the childrens....


up
1 user has supported this.

No guarantees given........


up
Be the first user to support this

Yes it can be a bitter pill, but I do not think you have a leg to stand on, it is just bad luck. Many adopters ended up with a lot more than they hoped or planned for, including myself, it is how it is and all you can do is adjust your life style so it is sustainable.

90% Of adopters adopting children wish their children will be avarage (not university, not gifted, just avarage) have friends, fit into the family, are healthy physically amd mentally. Keeping in mind that the children 'up for' adoption are the offspring off often generations of disfunction, mentally handicapped people, psychiatric patients and non psychiatric patients who self medicate with alcohol and drugs, obviously for undiagnosed mental health problems. So realistically the chances to get a trouble free child are small, add adoption related stuff in the mix as rad etc and those children are very hard work. You knew this before you adopted.......


up
Be the first user to support this

Sorry but I agree you don't really have a claim. The vast majority of people who have children, birth or adoptive, will have some loss of earnings.

Who would you think you would have a claim against ?


up
Be the first user to support this

The only thing you can do is look into making a claim for DLA / PIP plus Carers Allowance as you say your child has disabilities as well as claiming working tax credit (if working) and child tax credit - or benefits if not. Many adopters have to by necessity survive on low income as they are unable to work or to work at the same level. This applies to some extent to parents in general. You may also be able to claim back some of your tax for the year / previous year if your income has dropped significantly (I think)


up
1 user has supported this.

From who? Zero chance I'd say. I've not been able to return to work because of the issues two of mine have. No AA. No child benefit. I dread to think how much we've lost. But, as is so often stressed here, adoption is a bit of a lottery and better to assume changes in lifestyle, finances will have to be made, than not.


Local authorities wouldn't be able to fund all the payouts that would result! Not that it wouldn't be nice!


up
Be the first user to support this

I agree with everything posted above.


To offer an alternative view: I've heard of the odd terrible case where SWs appear to be downright deceptive and adopters have been severely misled about the extent of need. There should be some legal recourse in these cases, but it would be incredibly hard to prove liability and I've never heard anything like this going to trial.


But the reason there can be no general recompense is simple- it's the adopter who applies for the order, when its made we are parent like any other; we are the ones who are ultimately responsible.


All that said, things must be very tough Dacey. There is a lot of experience on here- hopefully it can be of some use.


up
1 user has supported this.

As mateo suggests if social care have mislead you as to the level of need, the amount of trauma, hidden vital facts like genetic disorders you have a chance. Even then, it has to be within 7 yrs of adoption order.


up
Be the first user to support this

I am receipt of adoption allowance, should I be signing on too to get my national insurance contributions in and how do I now make pension contributions?


Is the allowance a benefit or a job or neither is am I now unemployed?


up
Be the first user to support this

I'm self employed, so didn't work, but kept paying my own contributions while on Adoption Leave - and then I only every went back very part time. I'm not sure if you should sign on - I think signing on means you are 'looking for work', so you probably need to look at the benefits side of things. Adoption Allowance is not counted with other benefits, it's not for you, it's for your kids, so there must be other things you are entitled to. I don't know much about it, but there are things like DLA, tax credits etc. Maybe get yourself to somewhere like CAB and find out - and I'm sure lots of people here can point you in the right direction for entitlements too. x


up
Be the first user to support this

To sign on you have to be " available for work" to qualify, and if you are caring for a child then you aren't classed as available. Also, even if you are eligible, signing on, its a nightmare these days and, if you have no time to work then you have no time to be unemployed, as you are required to spend hours every day applying for just about anything (they monitor and log activity ) Also, if you don't meet these targets/miss/are late any appointments (maybe due to childs needs) or don't come up to the requirements above, your money can be stopped, regardless of need, for up to 6 weeks while you wait for appeal. I am not being sensationalist, this sort of stuff is well documented. Now you know why unemployment figures are down and foodbanks are so well used these days !! )

if it is at all possible, it is better to claim tax child credits, if total household income is within their limits, as this is much more reliableand generous, and try to get some small extra income part time when kids are at school/nursery/whatever (I did catering assistant job at my childs school 11-2 each day. I started by joining the "casual list" filling in for sick leave. It was hard physical work and a comedown after a well paid technician post but left me flexible enough for appointments and emergencies and being at home before and after the school day. I had to cut back on most non essential expenses for quite a few years. Adoption allowance is exempt from inclusion in total income, so you will be better off than adopters with no allowance in similar circs.

If you have enough hours of work, you are eligible for working tax credit, if not, just child tax credit. You may also be eligible for council tax deduction, again depending on total household income.


up
Be the first user to support this

Are you claiming DLA/carers?


up
Be the first user to support this

And NI contributions are protected as long as you're claiming child benefit I think?


up
Be the first user to support this

Also if your child gets DLA / PIP and you get carers allowance you get carers credit - NI contributions paid


up
1 user has supported this.