Child Disability Payment decision making guide

If entitlement to CDP is based on a DLAC award that later changes

This chapter has explained:

  • that case managers must make a determination without application when an individual under 18 who has been receiving DLAC moves to Scotland
  • that this determination will take account of the individual’s DLAC award and other things.

Social Security Scotland must make a further determination without application if:

  • the case manager has made a determination that the individual is entitled to CDP as a result of a move to Scotland from another part of the UK
  • the DLAC award that case manager took account of changes
  • this change occurs after the initial determination without application is made.

Although this change in DLAC award must occur after the move and after Social Security Scotland make the initial determination without application, the change in the DLAC award will relate to a period before the move when the individual was entitled to DLAC.

The change in DLAC award must be as a result of either:

  • the DWP or DfC deciding to revise or supersede the DLAC award
  • the individual successfully appealing the DLAC award to a Tribunal
  • the DWP or DfC deciding to reconsider the DLAC award (1 CDP regs, reg. 31(d))

Entitlement following the further determination without application begins on the same date as when entitlement began under the first determination without application (CDP regs, reg. 28(1)(a) (when an increase in level of entitlement takes effect) or reg. 29(1)(a) (when a decrease in the level of cessation of entitlement takes effect)).

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