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.

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