Child Disability Payment decision making guide
Members of the armed forces and civil servants
Where an individual is absent from the UK in the course of their employment as:
- a member of the UK armed forces
- a civil servant (CDP regs, reg. 5(7))
they, and the children in their care, are treated as though they continue to meet the residence and presence conditions. This is when their absence from the UK is solely due to their work as a member of the forces or as a civil servant.
A serving member of the UK armed forces can be any individual who is a member of a regular or reserve force as defined in the Armed Forces Act 2006 (Armed Forces Act 2006, s374).
A ‘civil servant’ means a person employed in the civil service of the state. Essentially this means individuals working for governments or their agencies.
Someone is a family member of a member of the armed forces or a civil servant where they are that individual’s:
- spouse
- civil partner
- son
- daughter
- step-son
- step-daughter
- father
- father-in-law;
- step-father
- mother
- mother-in-law
- step-mother
- a child in the care of that individual (CDP regs, reg. 6(a) & (b))
References to ‘step’ relationships or ‘in-laws’ are to be read as including situations where that relationship arises through civil partnership or marriage.
Individuals falling within these groups are treated as meeting each of the relevant residence and presence criteria, as long as they were both ordinarily resident in Scotland and habitually resident in the Common Travel Area before they went overseas, for the duration of any work-related absence caused by their employment or the employment of a family member. This means that any ongoing awards of both mobility and care components should continue to be paid for the duration of those absences.
These provisions also have effect retrospectively from the time of application. This applies when an individual in these categories or their family member has returned to the UK from time abroad for work. That time spent abroad counts towards any periods of past presence required. Aircraft Workers, mariners and continental shelf workers
‘’Aircraft Workers’, ‘Mariners’ and ‘continental shelf workers’ are treated as though they continue to meet the presence and past presence tests for the duration of any absence from the Common Travel Area caused by their job (CDP regs, reg. 5(8)).
A mariner is an individual who is or has been in employment either:
- as a master or member of the crew
- in any other capacity
on board any ship or vessel. This is when the employment is for the purposes of that ship or vessel or her crew or any passengers or cargo or mails carried by the ship or vessel. The contract of employment must be entered into in the United Kingdom. It must be with for work carried out (wholly or partly) while the ship or vessel is on her voyage (The Social Security (Contributions) Regulations 2001).
An aircraft worker is essentially the same as a mariner but whose work takes place on aircraft rather than a ship or vessel. Similarly to mariners, the airman’s contract of employment must have been entered into in the UK.
An individual is a ‘continental shelf worker’ if they are:
- employed offshore in a specific geographic area
- working on the exploration, exploitation, transport, storage or offloading of oil, gas or mineral resources
The area prescribed in UK legislation includes UK territorial waters in the parts of the North Sea, the North Atlantic, the Irish Sea and the English Channel (Continental Shelf (Designation of Areas) Order 2013).
It is anticipated that the volume of CDP claims from individuals in these categories will be low, given the types of jobs and the likely ages of applicants.
Zaynab (7) lives with her parents on a UK military base in Belize, where her father is stationed as part of his job as a soldier. Before Zaynab’s father was posted to Belize her family lived in Dunfermline, where she attended school. Zaynab is:
- a family member of a serving member of the forces
- treated as though she continues to meet the residence and presence conditions for the duration of her stay in Belize
Milford (11) has returned to the UK with his family after living for three years in UK military accommodation in Kenya. His father was posted there by the Royal Air force. They are now living at their former home address in Wick. Milford is a family member of a serving member of the forces and he satisfied the residence and presence conditions before moving abroad. His absence from the UK was as a result of his family member’s employment. Therefore, Milford satisfies CDP residence and presence conditions during the three years living in Kenya.