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).
Esme (5) lives in Dundee with her parents. Esme is ordinarily resident in Scotland.
Ben (7) lives with his mother from Monday to Friday in Carlisle where he attends school. He lives in Dumfries with his father at weekends. Ben is ordinarily resident in both England and Scotland and can qualify for CDP.
Jack (9) lives with both parents in Carlisle. All of Jack’s wider family live in Dumfries, where he lived until he was 6. Jack is not ordinarily resident in Scotland.