Child Disability Payment decision making guide
Backdating
In cases where the individual’s CDP award is higher than their DLAC award due to the scenarios set out in sections 17-21 above, their CDP entitlement can be backdated to whichever date is the later of (CDP regs, Sch 1, Part 3, Paras 10, 11(3) and 12(2)):
- the point the condition necessary for increased entitlement was met
- case transfer pilot launch on 11 October 2021
In cases where the individual’s award is higher due to the SRTI rules described in section 16 of this chapter, their CDP entitlement can be backdated to whichever is later of (CDP regs, Sch 1, Part 3, Paras 10 and 11(2)):
- the point the clinical judgement of terminal illness was made
- six months before the point of case transfer
- CDP pilot launch on 26 July 2021
When CDP entitlement is backdated in this way, the CDP award will be reduced by the value of DLAC they were entitled to for any time periods that overlap (CDP regs, Sch 1, Part 3, Paras 11(4), 12(3) and 13(zb)(iv)).
Janet is 10 years old. Her mother received notice on 13 September 2021 that Janet’s case is going to transfer in about three months’ time. Her mother gets in touch with Social Security Scotland two months before Janet’s CDP determination to explain that Janet:
- meets the definition for severe visual disability
- only receives the lower rate of the mobility component of DLAC
The case manager:
- looks at the information Janet’s mother provides
- determines that she has had a severe visual disability for the past 10 years
- backdates Janet’s CDP entitlement to 11 October 2021 when they make the initial CDP determination
Janet’s CDP award for this time period is reduced by the amount of DLAC she was entitled to during the same time period. The case manager should look to the information provided by DWP to decide what this amount should be.