Child Disability Payment decision making guide
Types of legal detention
Custodial sentences
A custodial sentence is a sentence of imprisonment or detention either:
- of a young person (between the ages of 15 and 20) in a young offenders institution
- of an adult offender.
The term custodial sentence includes a deferred sentence of imprisonment at the end of criminal proceedings in Scotland. This is also known as a suspended sentence in the rest of the UK.
A deferred sentence is when the individual is not in prison but can be sent to prison if they commit an offence during a period of time determined by a judge. This is normally between 3 to 12 months.
Individuals who are given a deferred sentence are still entitled to be paid CDP unless they enter legal detention during this time. If this happens, they should no longer be paid the care component of CDP after 28 days.
Jon, who is 17, is entitled to the lowest rate of the care component of CDP. A judge rules during legal proceedings that Jon should be given a deferred sentence of 6 months. Jon should still be paid the care component during this time because he is not in legal detention.
Jon commits a second offence 3 months later and is taken into legal detention. Jon’s payment of the care component of CDP should stop after 28 days in legal detention.
When a sentence has been imposed, a higher court can later either:
- quash or cancel the conviction
- substitute the sentence with an order such as a community pay back order or a fine.
Payment of the care component of CDP should begin again once an individual is released from legal detention, so long as they still meet the eligibility criteria.
An individual cannot receive backdated payment of CDP for the time they were in legal detention.