Child Disability Payment decision making guide
The case manager makes further enquiries – general guidance
The purpose of making further enquiries is so that the case manager can be satisfied ‘on the balance of probabilities’ that the applicant does have parental rights and responsibilities for the child. ‘On the balance of probabilities’ means, based on all the information that we know about the child and the applicant, it appears more likely than not that the applicant has parental rights and responsibilities for the child.
Making further enquiries with the applicant can involve asking the applicant:
- questions
- to send documents as supporting information.
The case manager’s approach to making further enquiries will depend on the reasons for the further enquiries. The reasons for the further enquiries could be any or all of the following:
- because the applicant has stated that they do not have parental rights or responsibilities or has left the question unanswered
- because the applicant’s address does not match the child’s
- Social Security Scotland or the Department for Work and Pensions have a record of someone else being responsible for the child.
Any of these are referred to as ‘reasons for making further enquiries’.
The approach by case managers to making further enquiries should be ‘proportionate’ and ‘targeted’. ‘Proportionate’ means not asking for more information than is necessary to satisfy the case manager that on the balance of probabilities the applicant has parental rights and responsibilities. Generally case managers should ask the applicant questions and only ask the applicant to send supporting information if this is needed. Supporting information is needed if, without it, it appears that on the balance of probabilities that the applicant does not have parental rights and responsibilities.
‘Targeted’ means that the questions that the case managers asks should be about the reason for making the further enquiry. The aim of a question is to see if the applicant has a reasonable explanation. If they do, then this should usually be enough for the case manager to be satisfied on the balance of probabilities that the applicant has parental rights and responsibilities. This means the child responsibility check will be complete.
If the applicant has already submitted supporting information about the child as part of the application, then the case manager can look at this for the purpose of satisfying themselves on the balance of the probabilities that the applicant has parental rights and responsibilities for the child.
Mary applies for CDP on behalf of 9 year-old Liam. She states on the application form that she acquired parental rights and responsibilities through being the child’s mother. After checking, the case manager sees that there is no record of anyone else being responsible for the child. However, the address of Mary and the child do not match. The case manager must make further enquiries. As part of the application, Mary submitted a letter from an NHS consultant which refers to her as the child’s mother. The case manager decides that, taking this supporting information into account, they are satisfied on the balance of probabilities that Mary has parental rights and responsibilities for the child. The check is complete without the case manager needing to contact Mary.