Child Disability Payment decision making guide
Late completion of application
An individual should complete part two of the application within six weeks of completing part one. If they do not, the earliest date that entitlement can begin is the date when Social Security Scotland receives part two of the application.
The six-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). In some instances, this can be a different date from when Part 1 (or both parts) of the application are received.
Decision makers should therefore ensure that they record the date on which the required data is received from an individual as this will influence whether their application is recognised as on time or late and therefore impacts on the start date of their entitlement.
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.
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. 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) and the backwards test had been met by this date.
However, if the individual can show good reason for completing their application late, Social Security Scotland can treat the date of application as the later of either the date that the individual:
- completed part one of the application
- met the eligibility criteria, including the backwards test
The date of application may also be the date that the required data was received by Social Security Scotland if this was received separately to the application.
The individual must provide good reason for the late application within 52 weeks of the application being completed. If Social Security Scotland does not accept the reasons for the late completion, the individual has the right to request a re-determination in relation to the start date of assistance.
There is a wide range of circumstances that might be considered good reason for the late completion of an application:
- 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 moving house
- where the individual or a third party representative has contacted Social Security Scotland to request more time. This could be to liaise with welfare rights support or accessibility support such as a translation or interpreter service.
This list is not exhaustive.
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 two of the application by 1 January.
Margaret’s father provides part two of the application on 8 January. His reason for providing Part 2 late is that he forgot to complete the application form until 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.
Good reason due to an action by Social Security Scotland would relate to:
- the online portal preventing the individual from applying for assistance
- where no application form is received by the individual after they requested it
- where the actions of staff or the systems and processes prevent an individual from applying within the 6 week period.
In these scenarios both:
- good reason for lateness should be accepted
- the entitlement should begin on the date that the application was registered
Atia’s guardian phones 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.
Atia’s guardian contacts Social Security Scotland on the 1 August to say that the form has 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.
Good reasons due to impact of a disability
An individual’s disability or condition may prevent either them or the person applying on their behalf from completing an application.
This might happen if the individual or their parent or representative was an in-patient in hospital during the 6 week application period. Individuals should inform Social Security Scotland in these cases.
The case manager should ask when they were admitted to and discharged from hospital.
Appropriate time should be added on to the 6 week period when a good cause like this one is accepted.
Fourteen year old Matthew’s mother begins an application on 4 May. 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 reason is accepted in this case. The six week period is therefore extended by the 22 days that Matthew was in hospital. Matthew is entitled from 4 May because an application was submitted on 18 June.