Child Disability Payment decision making guide
The applicant does not appear to have parental rights and responsibilities
The guidance in this section applies if, after making further enquiries with the applicant,
- the case manager is not satisfied on the balance of probabilities that the applicant has parental rights and responsibilities
- the applicant confirms with the case manager that they do not have parental rights and responsibilities.
The case manager will need to explain to the applicant that there is not enough supporting information to confirm that they have parental rights and responsibilities for the child. There is no right of appeal if the applicant disagrees with this. At this stage, case managers should not discuss the possibility of the applicant being appointed to act on the child’s behalf until it is established that there is no other person who meets all of the following criteria:
- has parental rights and responsibilities for the child
- lives with, and looks after, the child
- is ‘willing and able’ to act on the child’s behalf in place of the applicant.
A person does not need to live with, and look after, the child all of the time so long as they are willing and practicably able to act on the child’s behalf.
The case manager must enquire with the applicant to see if there is another person who meets all the criteria described in the previous paragraph. If there is, then the case manager cannot appoint the applicant or anyone else The case manager should follow the guidance in the next section titled “another person with parental rights and responsibilities lives with, and looks after the child and is able and willing to act”. If either the applicant advises that there is no person who meets all of these criteria or the applicant refuses to disclose information about this, the case manager should follow the guidance below in the section titled ‘no person with parental rights and responsibilities lives with, and looks after the child and appears able and willing to act’.