Child Disability Payment decision making guide
When the change in entitlement should begin if the individual meets the criteria for a higher award
Entitlement to the higher award starts on the date than an individual first meets those requirements if:
- they report that change to Social Security Scotland within one month of it occurring, or (CDP regs, reg. 28(1)(b)(ii)(aa))
- they take more than one month but not more than 13 months to report it, and have a good reason for not notifying within one month. (CDP regs, reg. 28(1)(b)(ii)(bb)).
For a change in circumstances to meet the qualifying criteria for a higher award, this includes both:
- satisfying at least one of the relevant qualifying criteria for a period of 13 weeks immediately before that date,
- it being likely that the individual would continue to satisfy at least one of the relevant qualifying criteria for a further 26 weeks after that date.
Martha 9, is currently receiving the lowest rate of the care component for CDP, her needs have increased and she now requires attention frequently throughout the day. The new level of needs starts on 1 January 2023. Over the next week, Martha’s parent realises that Social Security Scotland should be notified of this change.
Social Security Scotland carry out an unscheduled review as a result of the change of circumstances Martha’s parent reported. It is determined that Martha should receive the middle rate of the care component of CDP, starting from the date she first meets the requirements for the higher award. This means the increase in award will start from the date 13 weeks after the date the increase in needs occurred. This is the 3 April 2023, because she will have satisfied the backwards test at this point.
In the scenario above, Martha’s parent became unwell and was admitted to hospital before being able to notify Social Security Scotland of the change. When Martha’s parent returned home they then notified Social Security Scotland but this was on 1 May 2023, several months later. This would be considered a good reason for taking longer than a month to notify, and Martha should receive the higher rate of the care component of CDP, starting from the date Martha first meets the requirements for the higher award. As in the above scenario this will be on the 3 April 2023 which is 13 weeks after the date his needs increased.
Entitlement to the higher award starts on the date that the individual reports the change if they take longer than:
- 13 months to report the change (CDP regs, reg. 28(1)(b)(i)(cc))
- a month to report the change without having a good reason for not reporting within one month. (CDP regs, reg. 28(1)(b)(i)(bb))
If the individual has not yet satisfied the backwards test on the date that the individual reports the change, entitlement starts once the backwards test is satisfied.
Angus, 12, is currently receiving the lowest rate of the care component for CDP, his needs have increased and he now requires attention frequently throughout the day. These changes are present from 1 January 2023. Angus` parent notifies Social Security Scotland of the changes on 1 May 2023, but gives no reason for the delay, except to say they “didn’t get around to it”.
Social Security Scotland carry out an unscheduled review as a result of the changes reported. It is determined that Angus should receive the middle rate of the care component of CDP. The increase in award can only start from 1 May 2023, when the change is reported. The backwards test has already been met on 1 May 2023 as it has been more than 13 weeks since the change happened in January.
Entitlement to the higher award starts on the date of the determination resulting from the unscheduled review if:
- the individual does not report the change
- Social Security Scotland become aware of the change through some other means. (CDP regs, reg. 28(1)(d))
If the individual has not yet satisfied the backwards test on the date of the determination resulting from the unscheduled review, entitlement starts once the backwards test is satisfied.
If the change of circumstances is received as part of a scheduled review please refer to the scheduled reviews chapter for when the change in entitlement should begin.
If the change of circumstances is received as part of a scheduled review where the individual has just transferred from Disability Living Allowance please refer to the Child Disability Payment Case Transfer chapter for when the change in entitlement should begin.
If the change of circumstances is received for an individual who has just transferred from Disability Living Allowance due to a change of circumstances please refer to the Child Disability Payment Case Transfer chapter for when the change in entitlement should begin.