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.

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))

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)

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.

Sign up to our newsletter

If you are an organisation or individual who works with people who may need information or support on any of our benefits, sign up to our stakeholder newsletter.

We'll never send you content you haven’t asked for and you can opt out at any time.

Please enter a valid email address

Read our privacy policy