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.

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)).

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.

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.

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

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