Child Disability Payment decision making guide

Entitlement to CDP

Individuals must meet the following criteria to be entitled to CDP.

Age

Individuals must be at least:

  • 13 weeks old to be entitled to the care component of CDP (CDP regs, reg 4(1), reg 11(3)(a))
  • 3 years old to be entitled to the higher rate of the mobility component of CDP (CDP regs, reg 13(1) and reg 15(1)(b))
  • 5 years old to be entitled to the lower rate of the mobility component of CDP (CDP regs, reg 12(1)).

Where the Special Rules for Terminal illness apply, the lower age limit does not apply to the care component (CDP regs, reg 4(1A)).

Where an individual was born on 29 February, their birthday should be taken to fall on 28 February in a year which is not a leap year (CDP regs, reg 4(3)).

Individuals must be under 16 years of age on the date that their entitlement to CDP begins (CDP regs, reg 4(1)). Individuals aged 16 on the date their application is received by Social Security Scotland are entitled to CDP if entitlement begins from a date before they turned 16. This is set out in more detail in the Applying for CDP chapter (CDP regs, reg 4(2)).

Entitlement after age 18

An individual can remain on CDP until the age of 19 years old if they turn 18 on or before 31st December 2023 and they were in receipt of Disability Living Allowance for Children in another part of the United Kingdom immediately before moving to Scotland2

2 CDP regs, reg 4 (1B)(c)

If an individual submits a full application for ADP before they turn 18 or an individual is found to be entitled to ADP but payment has not begun, their entitlement to CDP can continue until the age of 19, or the day the individual becomes entitled to Adult Disability Payment, whichever is earlier.

If the individual is found to be entitled to ADP, their entitlement to CDP will end on their next payment date after the date the determination of entitlement for ADP has been made1.

1 CDP regs, reg. 4(1B(b))

The above applies unless an individual who transferred from Disability Living Allowance for Children or made a cross border move to Scotland and turn 18 on or before 31/12/2023, their CDP can continue to be paid beyond the age of 19 up to the day before they become entitled to Adult Disability Payment (ADP) if a determination for Adult Disability Payment is made 4 weeks before they turn 191.

1 CDP regs, reg. 4(1C)

An individual who is in receipt of CDP because they are terminally ill can continue to receive CDP with no age limit set.

Individuals aged 16 and over who do not meet the age criteria can apply for Adult Disability Payment.

Residence and Presence

Individuals must normally meet the following residence and presence criteria to be entitled to CDP:

  • be ordinarily resident in Scotland (CDP regs, reg 5(1)(a))
  • be habitually resident in the Common Travel Area (CDP regs, reg 5(1)(b))
  • not be subject to immigration control (CDP regs, reg 5(1)(c))
  • be present in the common travel area and has been present for at least 26 weeks in total out of the previous 52 weeks (CDP regs, reg 5(1)(d) and (e))
  • for individuals under 6 months old, has been present in the common travel area for at least 13 weeks (CDP regs, reg 5(2)).

There are a number of special circumstances in which an individual will be treated as if they have met some or all of the residence and presence conditions. For more information, see the Residence and Presence Chapter.

The backwards and forwards tests

Individuals must also satisfy the backwards and forwards tests to be entitled to CDP.

The backwards test is the amount of time the individual must have met the criteria of entitlement for a particular component, or rate of CDP. The backwards test for CDP is 13 weeks (CDP regs, reg 11(3)(a), 12(6)(a) and 13(10)(a)).

The forwards test is the amount of time the individual is likely to meet the criteria of entitlement for a particular component, or rate of CDP. The forwards test for CDP is 26 weeks (CDP regs, reg 11(3)(a), 12(6)(b) and 13(10)(b)).

An individual needs to satisfy both criteria to be entitled to CDP. This helps to distinguish short-term from long-term needs for assistance.

An application can be submitted for CDP before the backwards test has been satisfied. If this happens, a case manager can make a determination that the individual is likely to satisfy the backwards and forwards tests.

However, entitlement to CDP will not begin until the backwards test has been satisfied. This is when case managers will treat the application as being made (CDP regs, reg.24(2)).

There are no backwards or forwards tests to apply if an individual applies under special rules for terminal illness. For more information, see the Special Rules for Terminal Illness chapter (CDP regs, reg. 15(2)(a)).

Sign up to our newsletter

If you are an organisation or individual who works with people who may need information or support on any of our benefits, sign up to our stakeholder newsletter.

We'll never send you content you haven’t asked for and you can opt out at any time.

Please enter a valid email address

Read our privacy policy