Child Disability Payment decision making guide

Setting a later start date to entitlement when a change in an individual’s condition and needs leads to a lower award or the end of the award

A case manager may set a later start date for the change in entitlement to begin if they consider it would be unjust not to do so. The case manager may apply a later start date for the change in entitlement to begin (CDP regs, reg. 29(2)).

Case managers should only consider applying a later start date if entitlement would otherwise begin on the date that the individual ‘should have reported the change’.

In such cases, the individual will have been overpaid. Case managers need to consider whether the individual is actually liable to repay the overpayment. Individuals are only liable to repay overpayments if the error either:

  • was the ‘individual’s fault’ or
  • was one that an individual in the individual’s position could ‘reasonably be expected to notice’ (S. 63(1) and S. 64(1) of the 2018 Act).

An error is the fault of the individual if:

  • they provide false or misleading information
  • they fail to report a change of circumstances that they were required to report or causing another person to do this (S. 64(2) of the 2018 Act).

For example: Edith has been receiving the higher rate of the mobility component of CDP as she is virtually unable to walk due to severe discomfort in her knee caused by juvenile rheumatoid arthritis.

Edith underwent a new treatment plan involving new medication, with the new treatment she is able to walk without severe discomfort. Edith’s parent decides not to notify Social Security Scotland.

A case manager undertakes a scheduled review of Edith six 6 months later and determines that she is no longer entitled to CDP. Her entitlement to the higher rate of the mobility component of CDP stops on the date Edith’s parent ought to have notified Social Security Scotland of the change. This is the date by which it is reasonable to expect that Edith’s parent was aware of the change. This means Edith has been overpaid and her parent may be liable to repay this.

It will only be in exceptional circumstances that fairness would require the case manager to set a later award. This would be where (even though individual knowingly failed to report the change): exceptional circumstances meant that they were unable to report the change.

For example a person takes advantage of a vulnerable individual by:

  • benefitting from the individual’s award
  • telling the individual not to tell Social Security Scotland about a change of circumstances so that the person would continue to benefit from a higher award.

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