A determination without application (SS Act 2018, s.52) is a new determination of entitlement that replaces an earlier determination. Case managers must make determinations without applications when there is either:

• a scheduled review of the individual’s award (CDP regs, reg. 30)
• an unscheduled review of the individual’s award (CDP regs, reg. 31).

Moving between rates of CDP

Individuals are able to move between rates of both components of CDP. This will result from a new determination made during a scheduled or unscheduled review. This is because individual’s needs can change over time. This will affect the level of assistance they are entitled to.

The backwards and forwards tests are applied differently when the needs of individuals entitled to CDP change. This depends on whether the individual is entitled to a higher, lower or no award as a result of the change. For information on how to apply the backwards and forwards tests in these situations, see the ‘Change to Impact of the Condition or Level of Need’ chapter.

Entitlement to CDP is not affected until the case manager has made a new determination. Case managers must follow the rules on when changes in entitlement take effect. These rules are found in the following chapters:

• the Scheduled Reviews chapter
• the Unscheduled Reviews chapter.

Challenging Determinations of entitlement to CDP

Individuals can challenge determinations of entitlement made by case managers. This includes determinations made on applications and on-going awards of CDP. This is a re-determination. For more information, see Redeterminations (SS 2018 Act, s41).