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.
Aashna is 11 years old. Her case has been transferred and her initial CDP determination was made last week. Her CDP award is exactly the same as it was for DLAC – she receives the same components at the same rates. However, she does not feel her CDP award accurately reflects her circumstances. She can request a re-determination of her CDP determination within the time limit.
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)).
Binh is 10 years old. Her case transferred six months ago and she is currently in receipt of CDP. However, after receiving advice, her mother contacted the DWP and requested a revision of Binh’s DLAC award. This is on the specific ground that the DWP decision maker failed to take into account relevant evidence they held when they made her most recent DLAC decision.
The DWP decides that Binh’s DLAC award was incorrect and revises the award to increase it. This takes effect from the day the DLAC decision was originally made. The DWP will notify this change to Social Security Scotland.
A case manager must now look at Binh’s CDP award and make a determination without application. After reviewing the information received from the DWP, the case manager decides that Binh’s CDP award should have been higher at the point of case transfer and should remain at that rate currently. Binh’s CDP award is therefore increased from the date of the initial CDP determination.
However, case managers should limit the time period such a change is in effect if at some point after the point of case transfer the individual’s circumstances changed or it would otherwise be inappropriate for the change to the CDP award to be in effect past a certain date (Social Security (Scotland) Act 2018, section 27).
Philip is 8 years old. His CDP entitlement began on 01 March 2022 as the result of determination without application made via the case transfer process. His CDP award was the low rate of the care component and the low rate of the mobility component, just as his DLAC award was at the point of case transfer.
Philip’s health declined and his mother promptly reported this change to Social Security Scotland. As a result, Philip’s CDP award was increased to the high rate of the care component and the high rate of the mobility component from 01 September 2022.
On 01 December of 2022, Philip appeals the DLAC award that was ended at the point of case transfer. The tribunal finds that Philip’s DLAC award should have been the middle rate of the care component and the low rate of the mobility component.
Because Philip’s DLAC award was changed, a case manager must conduct a determination without application of his CDP award. A case manager reviews the information and decides Philip’s CDP award should have been the middle rate of the care component and the low rate of the mobility component at the point of case transfer.
The Case Manager makes the determination without application setting Philip’s CDP entitlement to the middle rate of the care component and the low rate of the mobility component for the period of 01 March 2022 to 31 August 2022, and the high rate of the care component and high rate of the mobility component from 01 September 2022 onwards.