Child Disability Payment decision making guide

Another person with parental rights and responsibilities lives with, and looks after the child and is able and willing to act

If, after making enquiries with the applicant, it appears that another person with parental rights and responsibilities lives with, and looks after the child, and is ‘able and willing’ to act on the child’s behalf, the case manager should ask the applicant for this person’s contact details. The case manager should then contact this person to confirm that they’re willing to act on the child’s behalf. If the new applicant is willing to act on the child’s behalf, they’ll take over responsibility for the accuracy of the information contained in the application. Because of this, the new applicant must be given an opportunity to review this information and make changes if they do not agree with any part. The steps that the case manager should take to do this are set out in operational guidance. Case managers should follow the guidance in the next section if after contacting the person with parental rights and responsibilities it appears that they are either not willing to act for the child or do not live with, and look after the child.

If the applicant refuses to give the contact details of anyone who may meet the criteria, then that does not change the fact that there is not enough supporting information to confirm that they have parental rights and responsibilities for the child. Case managers can explain to the client that they have the right to request that they are appointed on behalf of the child. However, case managers should explain the process that Social Security Scotland will follow when considering the appointment. This is so that the applicant can make an informed decision. This process is explained in the section below titled ‘no person with parental rights and responsibilities lives with, and looks after the child and appears able and willing to act’.

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