Child Disability Payment decision making guide
Competent State
Generally only one country at any one time will be responsible for paying benefits to an individual in the protected cohort. The country responsible for paying an individual’s benefits is known as the ‘competent state’. In order for members of the protected cohort to be eligible for CDP, the UK must be their competent state (CDP regs, regs 8(d) & 9(2)(a)(i)).
An order of priority is used to determine the competent state:
- If an individual is working then the country where they actually work will be the competent state for paying their benefits
- The country which pays an individual a benefit is the competent state. This is when an individual receives a pension or other contributory social security benefit from a country other than the one where they live
- If an individual is neither working nor receiving any social security benefits, then the country where they live is the competent state
A child can have a right to social security independently and at the same time derive rights from a parent. The general rule is that the independent right takes precedence. However, the independent right will not take precedence where it is based on residence alone.
It is possible that for CDP there could be two parents or guardians, each living in different countries. In this case, there are two possible competent states. The order of priority above should be used to select the correct one. In some cases, the order of priority cannot resolve the issue. Then the state where the child actually lives will be the competent state for paying that child’s benefit.
Members of the armed forces and civil servants, and their families, are subject to the legislation to which the administration employing them is subject (Regulation EC 883/2004, Arts 13(2)(d) & (e)).
No award of the care component of CDP should be made where the UK is not the competent state. The mobility component can still be awarded if the applicant satisfies all the other eligibility criteria.
In cases where both:
• an individual makes an application for the care component
• the UK is not the competent state the application should be refused and the details immediately forwarded to the competent member state.
Ruxandra (9) lives in Scotland with her Romanian parents. Her mother works in Glasgow for a Scottish company and her father is unemployed. None of the family receive payment of a benefit from any other country. Because of Ruxandra’s mother’s state of employment, the UK is the competent state.
Theo (5) lives in Spain with his grandparents. Both grandparents are retired and receive a state pension from the UK. Theo is injured in an accident while living in Spain and his grandparents make a claim for CDP. Theo has an independent right to Spanish social security based on his state of residence. He also derives a right to UK social security from his grandparents, as the UK is their state of insurance. The UK is therefore the competent state.
Annika (11) lives in Poland with her mother who does not work. Her father lives and works in Inverness for a Scottish company. As the father works in Scotland, and Scotland is in the UK, the UK is competent as it is the state of employment. Annika (11) lives in Poland with her mother who works there for a Polish company. Her father lives and works in Inverness for a Scottish company. As there are two states of employment, the state in which Annika lives is competent.
Jimmy (14) has an award of CDP which lasts until his 18th birthday. He moves with his mother to France when she takes early retirement. As long as Jimmy does not take up employment in France, his award should be paid until his 18th birthday.
Sandra (9) lives with her mother in Brussels. Sandra’s mother is employed as a civil servant by the Scottish Government and is posted to Brussels for work. Because Sandra’s mother is a UK civil servant, the competent state is the UK.