Child Disability Payment decision making guide
Practicably able to act on the child's behalf
As well as having the legal authority to act on behalf of the child, a person needs to be practicably able to act for the child.
If the answer to any of the following questions is no, then a person may not be practicably able to manage the child's entitlement to assistance:
- are they capable of arranging for the assistance to be spent in the child's interests?
- are they capable of appealing decisions if this is required?
- if Social Security Scotland made an error when determining the child's entitlement to assistance, would the person notice?
- if the child's circumstances changed, would they notice and tell Social Security Scotland?
- are they willing to manage the child's entitlement to assistance?
It is not necessary for a parent to be living with a child in order for them to be practicably able to act on the child's behalf. Each case will depend on its own unique set of circumstances.
Corin is a 9-year-old child with a learning disability. Corin’s aunt has made an application for CDP on their behalf, because their parent is unreachable and has no fixed abode. Every few months, Corin’s parent will call Corin’s aunt but doesn’t ask about Corin. The aunt takes Corin to school and is Corin’s named contact. She also organises doctor’s and dentist’s appointments.
The case manager who receives the application notices that Corin’s aunt doesn’t have parental rights and responsibilities. The case manager contacts the aunt, who explains that she looks after Corin informally. As the aunt cannot supply details for Corin’s parent, the case manager checks with the local authority social work team and NHS boards to see if they can provide any details. They also advise that they don’t hold details for Corin’s parent, but would be supportive of the aunt acting on Corin’s behalf. The case manager therefore thinks it is appropriate to consider appointing Corin’s aunt, as this would be in Corin’s best interests.
Vanya is 12 years old and is temporarily living with their adult cousin, as Vanya’s parent is currently staying in a refuge. Vanya’s parent still walks Vanya to and from school every day. If there are any issues at school, the school will contact Vanya’s parent. Vanya’s parent also takes them to all of their medical appointments, as well as helping Vanya with homework every evening.
Vanya’s cousin makes an application for CDP on their behalf. The case manager asks Vanya’s parent and cousin for their views on who should be responsible for the application. Vanya’s parent notes that she pays for all of Vanya’s needs such as clothing and meals, as well as maintaining a close interest in Vanya’s wellbeing. The case manager considers that as Vanya’s parent still has full parental rights and responsibilities, they will be responsible for acting on Vanya’s behalf for CDP.
If a person with the legal authority to act on behalf of the child cannot practicably act on the child's behalf, then it may be more appropriate to:
- identify someone who does have legal authority to act on behalf of the child and can practicably act, or
- identify someone to appoint on the child's behalf