Child Disability Payment decision making guide

Exceptions

Children who are ‘looked after’ by a local authority

Local authorities have a duty to safeguard and promote the welfare of children in their area who are in need. A child may be considered ‘in need’ because they have a disability (Children (Scotland) Act 1995 s. 93(4)(a)(iii)).

Children may be “looked after” by a local authority in a number of ways. These include providing accommodation for a child or young person who lives in that local authority area and either:

  • has no one who has responsible for them
  • is lost or has been abandoned
  • has someone who is responsible for them but who cannot provide them with suitable accommodation, either permanently or temporarily (Children (Scotland) Act 1995 s. 25).

Local authorities also have a duty to make such services available for children who are cared for by their own family, that the local authority thinks are reasonable (Children (Scotland) Act 1995 s. 17(1)(b)).

The care component of CDP can continue to be paid when a local authority places a child or young person in a private home with another family, relative or another person if either:

  • the individual is under 16 and is looked after by the local authority
  • the individual is under 18 and their health or development is likely to be significantly affected unless the local authority provides services
  • the individual is under 18 and is disabled.

The care component of CDP can also continue to be paid if both

  • the child or young person is placed in a care home outside of the UK
  • the cost is met either in full or in part by the local authority in the UK (Education (Additional Support for Learning) (Scotland) Act 2004 s.25).

Self-funding placements in alternative accommodation

Individuals are entitled to be paid the care component of CDP for the full period they are living in alternative accommodation if the full cost of the:

  • qualifying services
  • accommodation
  • board
  • personal care

is privately funded (CDP regs, reg. 17(4)).

This means that they are paid for either:

  • entirely by the child or young person
  • partly by the child or young person and partly by another person such as a parent or guardian. This does not include a local authority in the UK.
  • by another person or paid for by a charity, which doesn’t include a local authority anywhere in the UK).

Applications made while residing in alternative accommodation

If an individual is living in alternative accommodation on the day the application for CDP is treated as being made, their entitlement to the care component can begin but the amount is reduced to nil until the day after they leave alternative accommodation. The exceptions above apply (CDP regs , reg. 20(1) and (2)).

If the individual later returns to alternative accommodation, their entitlement to payment of the care component is affected in the same way as described above.

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