Child Disability Payment decision making guide
Date the application is to be treated as made
If the individual meets all of the entitlement criteria on the day part 2 of their application is received by Social Security Scotland, then their application is treated as made on that date (CDP regs, reg 24(1)(a)). This includes meeting the residence and presence rules, the age criteria and the backwards test in relation to the care and mobility components.
When an individual does not meet all of the eligibility criteria on the date Social Security Scotland receives their application, but they will do within the following 13 weeks, the date the application is treated as made will be the date within that 13 week period where all of the eligibility criteria are satisfied (CDP regs, reg 24(2)). These are referred to as pre-emptive applications.
The parents of 14 year old John are applying for CDP on his behalf for the first time. John has met the eligibility criteria for more than 13 weeks. His mum contacts Social Security Scotland on 12 February and requests an application form.
The completed application form must be submitted by 24 March.
John’s application is submitted by 22 March. As John’s application was submitted within the 6 week period, his entitlement can begin from 12 February. John has also satisfied the backwards test as he has met the eligibility criteria for more than 13 weeks prior to 12 February.
8 year old Ash’s carer submits parts 1 and 2 of a CDP application on 12 March. Ash’s needs related to her disability first arose on 16 January. They will therefore satisfy the backwards test on 16 April as this will be 13 weeks from when Ash’s needs arose.
The case manager determines that Ash is entitled to the lowest rate of the care component and the lower rate of the mobility component from 16 April.
Date of entitlement
Entitlement to CDP begins on whichever date is later, either the date on which the required data (part 1) is received by Social Security Scotland, or the date the individual meets all of the eligibility criteria (CDP regs, reg 24(2)(a) and (b)). This is provided that the individual returns a completed part 2 of the application within 6 weeks of the required data at part 1 being received (CDP regs, reg 24(4)).
The 6-week period will begin from the date Social Security Scotland receives the individual’s ‘required data’ (being the individual’s name and date of birth).
The date that an individual provides their full name and date of birth (the required data) should be clearly recorded, as this can influence when an individual becomes eligible for CDP.
In some instances, the required data may not be supplied on the same date an individual submits part 1 of the application. For example, if the individual requests that both part 1 and part 2 are sent out in paper format, the required data will have been provided by the individual in order to trigger the issue of a paper part 1 and part 2.
As long as the backwards test is satisfied the earliest date that entitlement can begin if part 2 of the application is returned after 6 weeks is the date on which Social Security Scotland receives part two of the application unless there is good cause as to why part 2 was not submitted within 6 weeks.
If Social Security Scotland does not accept the reasons for the late completion of part 2, the individual has the right to request a re-determination in relation to the start date of their CDP award.
Circumstances considered as good reason for the late completion of an application may include:
- where the individual could not complete the application due to a disability or health condition resulting in them being hospitalised
- a personal event, such as a bereavement, or some other major event or trauma
- where the individual has contacted Social Security Scotland to request more time, for example, to liaise with welfare rights support or to access accessibility support through a translation service or interpreter.
This list is not exhaustive. The case manager should consider the circumstances of each case on its own merit in determining what is ‘good reason’.
Hannah is aged 5 and has autism. Her Mother called Social Security Scotland on 14th January to request that an application form for CDP be posted to her so she can fill this out on her daughter’s behalf.
During this call, she provided Social Security Scotland with Hannah’s full name and date of birth. Accordingly, the case manager recorded 14th January as the date when Hannah’s ‘required data’ was received. Hannah’s Mother had 6 weeks from this date to provide Part 2 of the application in order for the application to be treated as made on the 14th of January.
Hannah’s Mother filled out the form and posted it to Social Security Scotland on 20th January. However on 10th March, she received a call from Social Security Scotland advising that they had not received the full application. Hannah’s Mother explained that she had posted the form on 20th January but that it must have been lost in the post. Hannah’s Mother uploaded proof of postage via the document upload service whilst on the call. She was advised to submit the application in full online and did so immediately following the call.
Although Hannah’s application was not received in full by Social Security Scotland until 10th March, more than 6 weeks following the initial call, Social Security Scotland considers that there is good reason why the application was received late.
Furthermore, while both parts of the application were received on 10th March, Hannah’s entitlement to CDP will begin from 14th January as this was the date Social Security Scotland received the ‘required data’ (Hannah’s full name and date of birth), good reason for late submission has been accepted and the backwards test had been met by this date.
Seven year old Margaret’s father contacts Social Security Scotland to request an application form on 20 November. Margaret’s father is advised that he must complete Part 2 of the application by 1 January in order for the application to be treated as made on the 20th November.
Margaret’s father provides Part 2 of the application on 8 January. His reason for providing Part 2 late is that he forgot to complete the application form until the 8 January.
The case manager notes that the 13 week ‘backwards test’ would be fulfilled on 14 December. However, the case manager determines that Margaret’s entitlement begins on 8 January, as good reason has not been provided.
Atia’s guardian phoned Social Security Scotland on the 4 July to request an application form. It is explained to Atia’s guardian that an application form would be sent to her and that this should be returned by 14 August for the application to be treated as made on the 4th July.
Atia’s guardian contacts Social Security Scotland on the 1 August to say that the form had not arrived. It appears the form could not have been delivered although records show that a form was sent out. Another form is sent to Atia’s guardian. When the case manager makes a determination on the application, they can treat the application as made on 4 July as good reason has been accepted for it having been submitted after the 14th of August.
Good reasons due to impact of a disability
Case managers should accept the reason given at face value, unless it is very late and the reason appears highly improbable, in which case they should make further enquiries.
Other scenarios which the case manager may consider to be good reason are:
- technical issues in the digital portal preventing the individual from applying for CDP
- when no application form is received by the individual after they requested it
- when the actions of Social Security Scotland officials or the IT systems and processes prevent an individual from applying within the 6 week period.
In these scenarios both:
- good reason for lateness should be accepted, as long as the individual has completed it as soon as reasonably practical once the issue was resolved
- the entitlement to CDP should begin on the date the application was registered, where the individual satisfies the eligibility criteria (CDP regs, reg 24(4) and (6)).
On 4 May, Matthew’s mother submitted part 1 of an application. She has six weeks to complete the application. The application should be completed and submitted to Social Security Scotland by 15 June. Matthew is admitted to hospital on 23 May. The hospital is more than a 60 minute drive from home. Matthew’s mother is unable to complete his application while he is in hospital due to extensive travel between home and the hospital.
Matthew spends 22 days in hospital before he is discharged on 14 June. His mother submits part 2 of the application on 18 June, three days late. She contacts Social Security Scotland to explain that Matthew was admitted to hospital and the effect of frequent travel on her ability to complete an application. She provides the dates that Matthew was in hospital..
Good cause was accepted as to why part 2 of the application was submitted out with the 6 weeks required, therefore the application can be treated as made on the 4 May when part 1 was submitted.