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.

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