Child Disability Payment decision making guide

When an individual notifies Social Security Scotland more than 13 weeks after the move

If:

  • an individual fails to notify Social Security Scotland that they have moved away from Scotland within 13 weeks of the move,
  • notifies Social Security Scotland 13 weeks or more after the move

entitlement to CDP stops the day after the 13 week period beginning from the date the individual stopped being ordinarily resident in Scotland (CDP regs, reg. 36(4)(c)).

Any payment to the individual for a period after the individual has moved is treated as an overpayment (CDP regs, reg. 36(5)​​​​​​​). This means that the case manager should apply the rules in the ‘When a change in entitlement should begin if the individual was overpaid’ section of the chapter "When a previous determination is based on an error”. The Payment Errors chapter contains guidance on what to do if an individual has been overpaid.

These rules require the case manager to make an unscheduled review. The change in entitlement following the unscheduled review begins on the date when the earlier determination of entitlement took effect. The unscheduled review should determine that the individual’s entitlement to assistance stopped on the date when the individual became resident in another part of the UK.

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