Child Disability Payment decision making guide

Eligibility

There are different tests which apply depending on both:

  • the individual’s nationality, and
  • the date on which they began living in their country of residence

The majority of applications are expected to be from UK nationals living in Scotland.

UK nationals should be treated in the same way as European Economic Area (EEA) nationals if both of the following statements are true:

  • they have been living abroad in an EEA member state or Switzerland since before 1 January 2021
  • they continue to live in that country at the point of application

If these two statements are true, then the individual is a member of the ‘protected cohort’ under the EU-UK Withdrawal Agreement. This group retains their rights under EU social security coordination rules despite EU exit. Individuals from EEA member states or Switzerland living in the UK become a member in the same way. See Personal scope of the EU social security coordination rules below.

The EEA is comprised of the EU Member States plus Norway, Liechtenstein and Iceland. Switzerland is not in the EEA but the rules also apply there.

The following countries are the member states of the EU:

  • Austria
  • Belgium
  • Bulgaria
  • Cyprus
  • Croatia
  • Czech Republic
  • Denmark (excluding the Faroe Islands)
  • Estonia
  • Finland (except the Alånd Islands)
  • France (including Corsica, Guadeloupe, Martinique, Reunion and French Guiana, but excluding Monaco)
  • Germany
  • Greece (including Crete and the Greek islands)
  • Hungary
  • Ireland
  • Italy (including Sicily, Sardinia and Elba, but excluding the Vatican City and San Marino)
  • Latvia
  • Lithuania
  • Luxembourg
  • Malta
  • Poland
  • Portugal (including Madeira and the Azores)
  • Romania
  • Slovakia
  • Spain (including the Balearic Islands, the Canary Islands and the Spanish enclaves of Ceuta and Melilla)
  • Sweden
  • The Netherlands (excluding the Dutch Antilles)

If the individual is any of these:

  • a UK national
  • a national of a country which is not in the EEA, a ‘third country national’
  • a national of an EEA member state who is not in the ‘protected cohort’. See Personal Scope of the EU Coordination Rules below
    then they must satisfy all of the following criteria (CDP regs, reg. 5(1)):
  • they are ordinarily resident in Scotland;
  • they are also habitually resident in the Common Travel Area (CTA);
  • they are present in the CTA on the date their application is made;
  • on the date of their application they have been present in the CTA for at least 26 of the preceding 52 weeks. A shorter period applies to some children.
  • they are not ‘subject to immigration control’

If the individual is either:

  • a national of an EEA member state or Switzerland, has the UK as the competent state for the payment of their benefits, and is in the protected cohort. See Competent State and Personal scope of the EU Coordination Rules below.
  • a member of the family of an individual described above;
  • in some more rare and complex cases a third country national

then they must satisfy one of the two following sets of criteria instead (CDP regs, regs 8 & 9).

EEA and Swiss nationals must have the UK as the competent state for the payment of their benefits, and be either:

  • habitually resident in the CTA and ordinarily resident in Scotland as the same way as UK nationals, or
  • habitually resident in an EEA state, Gibraltar or Switzerland. Only individuals who are in the ‘protected cohort’ can successfully apply for CDP from their habitual residence in an EEA state or Switzerland. See Personal scope of the EU Coordination Rules below

To make a successful application to CDP under the EU coordination rules EEA member state nationals must:

  • be subject to Title III of Part 2 the Withdrawal Agreement between the UK and the EU. See EU Exit and the Withdrawal Agreement below
  • where they live outside of Scotland in an EEA member state, Gibraltar or Switzerland, have a Genuine and Sufficient Link to Scotland

Nationals of the Republic of Ireland or Gibraltar also benefit from UK international social security agreements These broadly replicate the terms of the EU rules. Individuals moving between these places and Scotland must (CDP regs, regs 8 & 9 14):

  • under the Irish agreement, be nationals of the UK or Ireland. The Gibraltar agreement covers individuals of any nationality provided they are moving between Gibraltar and the UK.
  • be habitually resident in Scotland, the Republic of Ireland or Gibraltar
  • where they live outside of Scotland in either Ireland or Gibraltar, have a Genuine and Sufficient Link to Scotland

Individuals both:

  • covered by the Ireland or Gibraltar agreements; and
  • satisfying the criteria set out in the preceding paragraph

should therefore be treated in the same way as members of the protected cohort, but only be where they are moving between these places and Scotland. See Personal Scope of the EU Coordination Rules below for more information.

Sign up to our newsletter

If you are an organisation or individual who works with people who may need information or support on any of our benefits, sign up to our stakeholder newsletter.

We'll never send you content you haven’t asked for and you can opt out at any time.

Please enter a valid email address

Read our privacy policy