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.


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