Child Disability Payment decision making guide

Effect on entitlement of an individual spending time in alternative accommodation

In this chapter, references to alternative accommodation refer to both care homes and residential educational establishments.

An individual who is entitled to the care component is entitled to still be paid it for the first 28 days of their stay in alternative accommodation.

The individual stops being paid the care component on the 29th day of their time spent in alternative accommodation. This is called non-payment of assistance (CDP regs, reg. 17(2)).

The non-payment of assistance enables an individual entitlement to CDP to continue while they are resident in alternative accommodation.

This is because the care component helps to meet the extra costs experienced by individuals with a disability or long-term health condition.

In most cases when they are in alternative accommodation, the costs of their care will be paid for by the local authority or other public funds. Non-payment of assistance ensures that a person does not receive support for the costs of their care twice.

The exceptions to this rule are discussed in the Exceptions section below.

The individual who is receiving CDP has a legal duty to inform Social Security Scotland about entering and leaving alternative accommodation. The case manager will then make a determination without application (SS(S)A 2018, s. 56).

They must tell Social Security Scotland about time spent in alternative accommodation as soon as is reasonably practicable.

For example, it would be unreasonable for the individual or their representative not to inform Social Security Scotland that they have entered alternative accommodation after a month of being resident.

An individual might not inform the case manager immediately after they have entered alternative accommodation. This might result in the case manager making a determination without application after the individual has spent 28 days in alternative accommodation. In this case, the individual would accrue an overpayment before their payment of the care component would be set to nil.

There are different rules about applying for CDP when living in alternative accommodation. Please see the section on Applications while spending time in alternative accommodation for a full explanation of this rule.

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