Child Disability Payment decision making guide

Ordinary residence in Scotland

All individuals living in Scotland must be ordinarily resident in Scotland to be eligible for CDP, regardless of that individual’s nationality (CDP regs, reg. 5(1)(a)).

Ordinary residence is established if:

  • someone lives in a particular place for the time being
  • their stay is of a short or long duration
  • there is continuity in their stay apart from temporary or occasional absences

Ordinary residence has been defined by the courts over time rather than in legislation. It is a question of fact to be decided on the circumstances of each case whether and when ordinary residence has been established.

A person can have more than one ordinary residence at the same time if they genuinely live between two addresses. For example, a student may have a term-time addresses for study and a family home where they spend holidays.

CDP regulations prevent an individual from receiving CDP and Disability Living Allowance (Child) at the same time (CDP regs, reg. 10).

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