Child Disability Payment decision making guide

Re-determinations and appeals

The CDP determination made at the point of case transfer is subject to the same rights to re-determination and appeal as any other CDP determination.

When a DLAC award that ended at the point of case transfer is retroactively changed

There may be cases where the DLAC award that was ended by the case transfer process is changed after the CDP determination is made due to following:

  • Revision made by the DWP
  • Supersession made by the DWP
  • Decision made by a tribunal or court on appeal

These are the ways in which a DLAC award can be changed in the UK system. Where the DLAC award that was ended at the point of case transfer is changed sometime after the case transfer process has completed, the case manager must make a determination without application of the individual’s CDP award (CDP regs, reg. 31(c)).

This determination without application does not need to result in the CDP award mirroring the changes made to the DLAC award. Case managers should consider the information and make a wholly new determination based on the information available. Like when making any determination, the case manager should ask for further supporting information to make an accurate determination, if they feel they need it.

Where a case manager makes a determination without application for this reason, the date the change takes effect should be the point of case transfer (CDP regs, reg. 28(a) and 29(a)).

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