Child Disability Payment decision making guide
The CDP determination
The CDP determination is based on (CDP regs, Sch 1, Part 3, Paragraph 9 (3)):
- the information Social Security Scotland receives from DWP regarding the individual’s DLAC award
- any other relevant information available to Social Security Scotland at the time of the determination
A case manager will not typically review the DLAC information before a determination is made. This is an automatic process.
In most cases an individual will receive the same components at the same rates of CDP as they received in their DLAC immediately before transfer (CDP regs, Sch 1, Part 3, Para 9(4)). For example, if they received the highest rate of the care component and the lower rate of the mobility component for DLAC, they are entitled to the highest rate of the care component and the lower rate of the mobility component for CDP. There are exceptions to this rule however.
The CDP determination must be made within 17 weeks of the individual being notified that their case is being transferred (CDP regs, Sch 1, Part 3, Para 9(5)(c)). The only exception to this rule is where all of the following are met, with Social Security Scotland having:
- good reason for extending this timeframe
- agreed the length of the extension with DWP
- notified the individual that this time frame has been extended and their reasons for doing so.
Joanne is 7 years old and her case is chosen for transfer. The DWP sends the relevant DLAC information to Social Security Scotland. However, there are inconsistencies with the information Social Security Scotland received that they need to clarify with the Joanne’s parents before making the CDP determination. Social Security Scotland:
- believes the questions will not be answered within the 17 week period
- agrees with DWP an extended time period so the questions can be resolved
- writes to Joanne’s parents explaining the issue, that the 17 week period will be extended, and letting them know when they can expect the process to finish.
Francis is 12 years old. He receives the highest rate of the care component and the lower rate of the mobility component of DLAC. His case is chosen for transfer. He is entitled to the highest rate of the care component and the lower rate of the mobility component for CDP.
However, in some instances someone in the same circumstances will receive a higher CDP award than the DLAC they received. This is because the eligibility rules for CDP differ slightly from DLAC in some areas (CDP regs, Sch 1, Part 3, Para 11 and 12).
Differences between DLAC and CDP
An individual who both:
- meets the special rules for terminal illness
- received either the lower rate of the mobility component or no mobility component in their DLAC award at point of case transfer
is entitled to the higher rate of the mobility component of CDP (CDP regs, Sch 1, Part 3, Para 11(a)).
An individual who:
- is 16 years old or older and is so severely disabled physically or mentally that they cannot prepare a cooked main meal for themselves if they have the ingredients
- received no care component in their DLAC award
is entitled to the lowest rate of the care component of CDP (CDP regs, Sch 1, Part 3, Para 11(b)).
An individual who both:
- is 16 years old or older and their DLAC award was affected by the requirements set out in sections 72(1A)(b) and/or 73(4A) of the Social Security Contributions and Benefits Act 1992 (CDP regs, Sch 1, Part 3, Para 11(c)). These sections refer to DLAC rules that are identical to the requirements set out for CDP. It can therefore be assumed that if the CDP rules would have applied the DLAC rules would have been applied.
- If not for those sections would have been entitled to a higher rate of either component or both components of DLAC,
is entitled to an increased rate of either component or both components of CDP as appropriate. For example, where an individual’s award of DLAC included the low rate of the care component, but would have been the middle rate of the care component if not for these rules, the CDP award should include the middle rate of the care component.
These requirements are identical to those set out in regulations CDP regs 11(2) and 12(3)
An individual who both:
- is to be taken to have a severe visual disability
- did not receive the higher rate of the mobility component of DLAC;
is entitled to the higher rate of the mobility component of CDP (CDP regs, Sch 1, Part 3, Para 11(d))
Jolanda, who is 10 years old, received the highest rate of the care component and the lower rate of the mobility component in DLAC. Jolanda is visually impaired but did not meet the definition set out in the DLAC rules. After Jolanda’s carer received her initial case transfer notification, she contacted Social Security Scotland to:
- explain that Jolanda meets the definition
- send the relevant supporting information
Her CDP award now includes a higher rate of the mobility component from the point her CDP entitlement begins.
When payments of components that were suspended in DLAC should be paid for CDP indefinitely from the point of case transfer
There are three instances where payment that was suspended in DLAC should be put into payment at the beginning of the CDP entitlement. These do not constitute a change in entitlement.
The first instance is when the individual:
- is in legal detention immediately before the date their case is transferred
- was entitled to the mobility component of DLAC but payment of it was suspended as a result of being in legal detention immediately before the date their case is transferred
- is still in legal detention on the date their CDP entitlement begins.
In this case, the individual’s mobility component of CDP should be put into payment:
- from the date their CDP entitlement begins [but see backdating]
- at the rate the component in their DLAC would have been paid if it had not been suspended (CDP regs, Sch 1, Part 3, Para 12)
When payments of components that were suspended in DLAC should be paid for CDP temporarily from the point of case transfer
The second instance is when the individual:
- is in legal detention immediately before the date their case is transferred
- was entitled to the care component of DLAC but payment of it was suspended as a result of being in legal detention immediately before the date their case is transferred
- is still in legal detention on the date their CDP entitlement begins.
In this case, the individual’s care component should be put into payment:
- from the date their CDP entitlement begins
- at the rate the component in their DLAC would have been paid if it was not suspended
- for a period of 28 days (CDP regs, Sch 1, Part 3, Para 13)
Jim is 16 years old. His case was transferred while he was in legal detention. He had been in legal detention for six months before the transfer occurred so both the care component and mobility component of his DLAC award were suspended. On the date his CDP entitlement begins, both his care component and mobility must be put into payment. If, after a further 28 days, he is still in legal detention:
- he will be paid £0 for the care component until he is released from legal detention
- his mobility component will remain in payment
The third instance is where the individual:
- is in a care home immediately before the date their case is transferred
- was entitled to the care component of DLAC but payment of it was suspended as a result of being in a care home immediately before the date their case is transferred
- is still in a care home on the date their CDP entitlement begins
In this case, the individual’s care component should be put into payment:
- from the date their CDP entitlement begins
- at the rate the component in their DLAC award would have been paid if it was not suspended
- for a period of 28 days (CDP regs, Sch 1, Part 3, Para 13)
In some circumstances, the case manager might see information received from the DWP that suggests either:
- CDP entitlement should be increased
- a suspended payment should be put into payment
However, where the case manager does not have information which the individual may have, the individual must advise Social Security Scotland:
- that they think they meet the requirement
- before the CDP determination is made
When this information is received before the initial CDP determination is made, a case manager should review this information in time to include it in the initial CDP determination made within the 17 weeks after the case transfer notification is sent.
However, where this is not possible, for example because the individual provided relevant information immediately before the end of the 17 week period, the case manager should make the initial CDP determination based on the information available at the time (i.e. the CDP award should be the same as the DLAC award).
If, after reviewing the information provided by the individual, the case manager decides the individual should have had a higher award of CDP due to one of the scenarios described above applying to their case at the point of case transfer, they should:
- make a determination without application on the basis of official error (CDP regs, reg. 32).
- increase the CDP award appropriately from the date the initial CDP determination was made.
Camille is 17 years old. She receives the higher rate of the mobility component of DLAC but does not receive the care component. She has been selected for case transfer and received her notice advising her to get in touch if she felt the circumstances described above applied to her.
One day before her initial CDP determination is due to be made, Camille’s father contacts Social Security Scotland and explains that Camille cannot prepare and cook her own meal even if ingredients were provided to her.
The case manager does not have time to consider the information before the initial determination must be made, so Camille’s initial CDP determination is made on the same rates as her DLAC (i.e. the high rate of the mobility component and no care component).
The following week, the case manager considers the information provided by Camille’s father and looks at the information provided by the DWP. They decide that due to her condition, Camille cannot cook her own meal even if ingredients are provided for her. The case manager therefore makes a determination without application to add the lowest rate of the care component to Camille’s CDP award. This increase takes effect from the date the earlier CDP determination was made.
When an individual reports this information to Social Security Scotland after the CDP determination is made, the case manager makes a determination without application. The usual rules for when the determination without application takes effect apply.