Child Disability Payment decision making guide
Leaving legal detention
The date that an individual leaves legal detention is not counted as a day in legal detention (CDP regs, reg. 19(1)(b)).
Release on license
Release on license means an individual leaves prison after completing a specified part of their original sentence. All cases of release on license come with conditions and the individual can be returned to prison if they breach these conditions.
An individual released on license, including temporary license, is no longer in legal detention. Upon release, payment of the care component of CDP can begin again if the individual continues to meet the eligibility criteria.
Early release schemes include:
- Parole is where the prisoner is released on the recommendation of the Parole Board for Scotland after completing a specified part of their original sentence.
- Home Detention Curfew (HDC) is commonly referred to as "tagging". A prisoner is released on license before their release date. They must wear an electronic tag as part of their release conditions and remain at home during agreed periods of the day.
- Supervised Release Order (SRO) is a period of supervision after a sentence of between 12 months and 4 years where the court determines that there may be a risk to the public.
Melanie is 16 and is entitled to the lowest rate of the care component of CDP. She is taken into legal detention and is no longer paid the care component of CDP after 28 days. She is released from legal detention 10 months later but must follow a strict curfew.
Melanie can start to receive payment of the care component of CDP now that she is no longer in legal detention. This is because she is not being imprisoned or held in legal custody. Instead she is being monitored by an electronic tag to ensure she is at home when she should be.
Release on temporary license
In certain circumstances, individuals in legal detention may be allowed short periods of release on temporary license. The purpose of this is either:
- for compassionate reasons such as terminal illness, bereavement or to support their dependents
- to help the individual improve their chances of resettlement after release.
Individuals released on temporary license are not imprisoned or detained in legal custody. This means they can be paid the care component of CDP. Payment of the care component of CDP should resume during any period not spent in legal detention. To ensure this happens the case manager will need to make a determination without application (CDP regs, reg. 31(a)).
Jonah is 16 and is entitled to the lowest rate of the care component of CDP. He is legally detained on 1 January and after 28 days is no longer paid the care component of CDP. Jonah is released from legal detention on temporary licence for 40 days on 1 March.
Jonah can start receiving payment of the care component of CDP starting from the day after he leaves legal detention because he notified Social Security Scotland within one month of the change of circumstances. Jonah re-enters legal detention on 10 April for another 60 days.
Jonah is no longer paid the care component of CDP after 28 days in legal detention. Jonah is released from legal detention on 9 June and can once again start receiving payment of the care component of CDP because he notified Social Security Scotland within one month of the change of circumstances.
Individuals are expected to notify Social Security Scotland of any change in circumstance within one month of the change first occurring. In some circumstances an individual may have good reason for not notifying within a month. More information on this can be found in the change of circumstances chapter.
Bail
Individuals can be released from legal custody on bail before or during legal proceedings. Individuals who are released on bail can be paid the care component of CDP because they are not in legal detention. Individuals who break the conditions of their bail and are legally detained will no longer be paid the care component of CDP after 28 days.
Daisy is 15 and entitled to the middle rate of the care component of CDP. She is legally detained on 1 February pending legal proceedings. Daisy is released on bail after 10 days on 11 February. Daisy can still be paid the care component of CDP because she was not in legal detention for more than 28 days.
Authorised Absence
An authorised absence is a period of time when a prisoner is not held in legal detention. An example of this is if a prisoner is ill and must spend time in hospital.
Individuals released because of an authorised absence can receive payments of the care component of CDP because they are not in legal detention.
An individual’s entitlement to be paid the care component of CDP must be considered on each occasion they enter or leave legal detention because of authorised absences. This is because payment of the care component of CDP can be made for any period not spent in legal detention. Payment will not start until the individual has left legal detention and a determination without application has been made.
Gregor is 16 and entitled to the lowest rate of the care component of CDP. He entered legal detention on 1 April for 60 days. His payment of the care component of CDP is stopped after 28 days.
Gregor is released on authorised absence for 25 days on 31 June. He is entitled to receive payments of the care component of CDP because he notifies Social Security Scotland within a month of being released.
Gregor returns to legal detention on 25 July for another 40 days. Again, his payment of the care component of CDP is stopped after 28 days.
He is released again on 3 September on authorised absence for 10 days. He promptly notified Social Security Scotland about his release. Gregor is once again entitled to the receive payments of the care component of CDP.
Gregor enters legal detention again on 13 September for 50 more days. After 28 days in legal detention his payment of the care component of CDP should be stopped.
Pardons
Prisoners who are pardoned leave legal detention. Individuals who are pardoned are entitled to receive payments of the care component of CDP when they leave legal detention if they still meet the eligibility criteria. Individuals in these cases cannot receive a backdated payment of CDP for the time they were in legal detention. This is because the cost of meeting the care needs of individuals are met from public funds while they are in legal detention.
Appeals
An individual can appeal a conviction by challenging the decision of the court when in legal detention. If the appeal is successful the individual both:
- leaves legal detention
- can receive payment of the care component of CDP once they have left legal detention following a determination without application.
Individuals in these cases cannot receive a backdated payment of CDP for the time they were in legal detention