Child Disability Payment decision making guide
Legal detention locations
It is possible to be legally detained:
- in a prison or a detention centre
- in a hospital or similar institution
- abroad
- in a young offenders’ institution.
This list is not exhaustive.
Being legally detained abroad
This refers to any legal detention which takes place outside of the United Kingdom.
Individuals who are legally detained abroad are subject to the same rules as those detained within the UK. This is because being legally detained abroad falls under section 295 of the Criminal Procedure (Scotland) Act 1995.
Entitlement to CDP stops after 13 weeks as a result of the individual being temporarily absent from the UK. This is because they are treated as being present in the UK for the first 13 weeks of a temporary absence(CDP regs, reg. 7(1)(a)). This applies to both components of CDP. For more information on temporary absence from the UK, see the Residence and Presence chapter.
Basira is 16 and is entitled to the lowest rate of the care component and lower rate of the mobility component of CDP. Basira enters legal detention on 1 June for 60 days while visiting Denmark. Basira’s payment of the care component is reduced to £nil after 28 days.
She is released from legal detention on 31 July and returns to Scotland 2 days later. Basira was not absent from the UK for more than 13 weeks and is still entitled to CDP.
Tim is entitled to the lower rate of the mobility component of CDP. He is legally detained for 160 days on 1 March while visiting the United States. Tim is released on 8 August and returns to Scotland 3 days later. Tim is no longer entitled to CDP after 13 weeks spent in the United States. This is because Tim is now considered to be absent from the UK.