Child Disability Payment decision making guide
Legal Detention and entitlement to CDP
The mobility component
Entitlement to payment of the mobility component continues when an individual is in legal detention. This includes individuals entitled to the higher rate of the mobility component of CDP who have opted in to the Accessible Vehicles and Equipment (AVE) scheme. This means that an individual’s family or carer will continue to have access to the leased vehicle, powered scooter or wheelchair while the individual is in legal detention.
For more information on the AVE scheme please refer to the CDP Mobility Component – Higher Rate chapter and to the Operational Guidance.
The care component
Individuals in legal detention are entitled to be paid £nil of the care component from the day after they have been in legal detention for a full 28 calendar days (CDP regs, reg. 18(2), CDP amendment regs, reg. 11(b)). This 28 day period begins on the day after the day they enter legal detention (3 CDP regs, reg. 19(1)(a)).
Entitlement to the care component continues while payment stops. This means that individuals will not need to make a new application when they are released from legal detention and payment of the care component of CDP will begin again upon release.
Martin is entitled to the middle rate of the care component of CDP. He is charged with a crime but is not taken into legal custody before or during legal proceedings. This means he is still entitled to be paid the care component of CDP.
Martin is sentenced to prison for 6 months. He is no longer entitled to be paid the care component of CDP after he spends 28 days in prison after being sentenced.
Individuals are responsible for contacting Social Security Scotland to notify when they have entered or are released from legal detention. For more information on this process please see the Unscheduled Reviews chapter.
A review will need to be carried out at the earliest opportunity if the scheduled review date passes while the individual is in legal detention.
Individuals may be overpaid CDP if Social Security Scotland is not notified (SS Act 2018, s. 56). For more information on what to do if there has been an overpayment, see the Overpayments section of the Payments chapter.
Peter is entitled to the lowest rate of the care component of CDP. He is legally detained in a young offenders institution on 10 January. Peter is no longer paid the care component after 28 days. He is released after 50 days. Social Security Scotland are informed promptly when he enters and is released from legal detention.
Peter remains entitled to the lowest rate of the care component during his legal detention. Upon release, he will not need to make a new application and payment of the care component of CDP will begin again as a determination without application to resume payment will be carried out once Social security Scotland are notified.
Mikaele is 16 and entitled to the middle rate of the care component of CDP. His award review was due to happen in March. He is legally detained in January for 6 months. Mikaele is no longer paid the care component of CDP while in legal detention after 28 days. His scheduled review does not take place in March because
he is in legal detention.
Mikaele notifies Social Security Scotland when he is released from legal detention in July. This means that Mikaele’s award of CDP can be reviewed because he is no longer in legal detention. The case manager will need to make a determination without application before Mikaele’s payment of the care component of CDP can begin again (CDP regs, reg. 31(a)).
It is possible to make an application for CDP while in legal detention. An individual’s entitlement to CDP may begin when they are in legal detention (CDP regs, reg. 24(2)) The individual must also be likely to satisfy the entitlement criteria within 13 weeks. The 13- week period begins on the day the application is received. Payment will not start until the individual has left legal detention and a determination without application has been made.
Georgie is 15. She entered legal detention on 15 February. She will be released from legal detention on 25 April. Georgie’s parent applies for CDP on 1 March on Georgie’s behalf.
The case manager determines that Georgie meets the eligibility criteria to be entitled to the lowest rate of the care component. Payment of the care component of CDP is set at £0 whilst Georgie is in legal detention.
Social Security Scotland is informed of Georgie’s release from legal detention on 25 April. She is entitled to be paid the lowest rate of the care component of CDP on and after April 26.