Child Disability Payment decision making guide
Residence
A CDP determination made as part of the case transfer process assumes that the residence and presence conditions are met (CDP regs, Sch 1, Part 3, Para 9(5)(b)).
If the case manager later determines that the assumption was incorrect, they must make a determination without application (CDP regs, reg 33). Where this finds that the individual did not meet the residence and presence conditions in the initial CDP determination, it will replace that initial CDP determination. See guidance on determinations and awards.
Johann is 10 years old. The information received from DWP in relation to Johann’s DLAC award stated he normally lived at an address with a Scottish postcode. Assuming this information was correct, Johann’s case was selected for transfer and a determination was made that Johann was entitled to CDP. His DLAC award ended as a result.
Six months later, Johann’s father advises that he did not normally live in Scotland when the CDP determination was made; Johann lived in Wales but his father had not updated his address with DWP.
The assumption that the residence conditions were met were incorrect. The case manager must therefore make a determination without application that finds Johann was not entitled to CDP on the date of transfer.
Temporary time abroad
Where an individual is temporarily abroad at the point of transfer, the time limits set out begin on the date of transfer.
We will not always be able to tell if someone is abroad at the point of case transfer. Therefore, we will contact the individuals and ask them to contact us if they are currently or are planning on going abroad in the near future.
Valentino is 7 years old. He normally lives in Scotland but is in Malaysia at the point of case transfer for medical treatment connected to a lifelong disease. Valentino continues to be treated as present in the common travel area for purposes of CDP for 26 weeks beginning on the date his CDP entitlement begins. This means he should not be excluded from being entitled to CDP for 26 weeks from the point of case transfer, regardless of how long he was in Malaysia before the point of case transfer.