Child Disability Payment decision making guide

Individual turns 16 after their DLAC award was made but before CDP award is made

The eligibility criteria for entitlement to both the:

  • care component
  • lower rate of the mobility component

of CDP and DLAC differ slightly depending on if the individual is younger than 16 or not.

Normally an individual must be under 16 years old on the date that entitlement to CDP begins (CDP regs, reg 4(2)). However, this is not the case if an individual has:

  • moved to Scotland, and
  • was in receipt of DLAC immediately before moving to Scotland

Case managers need to be aware of this difference in eligibility criteria if the individual has reach 16 years of age both:

  • after the DLAC award was determined
  • before the CDP award is determined

Under the CDP and DLAC rules, individuals under 16 years old only satisfy the criteria for entitlement to the care component or the lower rate mobility component when they have either:

  • needs substantially in excess of what someone of their age normally has (CDP regs, reg. 11(2)(a) (for entitlement to the care component) and reg. 12(3)(a) (for entitlement to the lower rate mobility component))
  • needs which younger children without a disability may have, but which a child the same age as the individual without a disability would not have (CDP regs, reg. 11(2)(b) (for entitlement to the care component) and reg. 12(3)(b) for entitlement to the lower rate mobility component))

As this rule only applies to individuals under the age of 16, there is a possibility that an individual may have not been entitled to the care component or the lower rate mobility component of DLAC because of this rule. However, the individual may subsequently reach 16 years of age before a determination of entitlement to CDP is made. In this case, they may be able to meet the criteria for entitlement to both the:

  • care component
  • lower rate mobility component

of CDP because the rule will no longer apply.

Case managers can access the DLAC award letter to see if the level of needs compared to others the same age or younger was why the individual was not entitled to either or both:

  • the care component at any rate
  • the mobility component at the lower rate

This rule is explained more fully in the chapters on:

  • CDP care component – rates and criteria’
  • CDP mobility component – lower rate’

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