Child Disability Payment decision making guide
If there has been a decrease in level, or end, of entitlement
This section covers scenarios where
- the individual reports a change of circumstances leading to a decrease or end of entitlement, and
- the entitlement arising from this change continues throughout the review and beyond.
If during a scheduled review a case manager determines that both:
- there has been a change in the individual’s level of need
- this change leads to either a decrease or end of entitlement
this change will take effect on the date the individual should have reported their change sooner (CDP regs, reg. 29(1)(b)(i)). See guidance at section If the decrease should have been reported sooner.
In any other case, this change should take effect from the date the case manager makes the determination without application (CDP regs, reg. 29(1)(b)(ii)).
However, the date when a change comes into effect can be different if it would be unjust not to set a later start date for the new entitlement (CDP regs, reg. 29(2)). See 'Setting a later start date if it would be unjust not to do so'.
Charlie experiences a decrease in needs on 15 May 2023.
Their change in needs becomes apparent during their scheduled review, when their father returns the review pack to Agency on 1 June 2023 on Charlie’s behalf.
The determination is made on 1 August 2023.
As Charlie’s father reported Charlie’s decrease in needs within one month of them occurring, the start date of Charlie’s new entitlement is the date the case manager makes the determination.
If the decrease should have been reported sooner
It is possible that a scheduled review reveals a change in the individual’s level of needs, resulting in a decrease of entitlement, which they should have reported sooner. To find out whether that is the case, refer to the 'Change of Circumstances: Change in mobility or care needs' chapter.
If the individual either
- knowingly fails to report the change
- fails to report the change as soon as reasonably practicable after the change occurred,
the case manager would set the date of either:
- change
- end
of entitlement to the date the individual should have notified us of the change (CDP regs, reg. 29(1)(b)(i)).
In all other cases, the decrease or end of, entitlement should take effect when the case manager makes the determination.
The case manager should use the timeframes set out in the 'Change of circumstances: change in mobility or care needs' chapter to establish whether the individual could reasonably have been expected to report this change sooner. This is to establish when the individual’s change of entitlement begins.
Inga experiences a decrease in needs which she, or someone acting on her behalf, could have reasonably been expected to report on 1 January 2023.
Her change in needs becomes apparent during their scheduled review, when Inga’s father returns her review pack to Agency on 1 June 2023 on Inga’s behalf.
The determination is made on 1 August 2023.
Inga’s father should have reported the change shortly after 1 January 2023. The case manager sets the start date for their reduced entitlement to this date.
If the individual should have reported their change sooner, but informs the case manager of circumstances which meant they could not report the change sooner, the case manager can set a later start date for the change in entitlement, if it would be unjust not to do so. See the ‘Setting an later start date if it would be unjust not to do so’ section for more information.
Setting a later start date if it would be unjust not to do so
When completing the change of circumstances form as part of their review pack, clients might tell us that they have circumstances which meant they could not report their change sooner or give a reason why they think a reduction in their award should happen from a later date.
The case manager can set a later start date (than the date they should have notified us) if the entitlement has decreased or ended following the determination. This is only possible if it would be unjust not to do so (CDP regs, reg. 29(2)). One example would be where the individual’s condition has improved slowly and the decrease in needs was therefore not noticed for a while, however they should still have reported it before they reached scheduled review.
The case manager must refer to the relevant DMG chapter when deciding whether setting an later start date would be appropriate.
If a case manager is uncertain about whether it would be unjust to not set an later date for a change of entitlement, they should seek advice from their decision team manager.
Cameron is 16 and handles his CDP award himself.
Cameron experiences a decrease in needs on 1 January 2023.
His change in needs becomes apparent during his scheduled review, when he returns his review pack to Agency on 1 June 2023, shortly after receiving it.
The determination for their scheduled review is made on 1 August 2023.
After submitting his review form, Cameron calls Social Security Scotland and explains that he did not report their change when it occurred, because he had a bereavement in the family around the same time. The case manager establishes that Cameron could have been reasonably expected to notice and report their change at the beginning of March 2023.
The case manager therefore sets March 2023 as the effective date of determination.
Billy experiences a decrease in needs on 1 January 2023.
His change in needs is reported during their scheduled review, when Billy’s mother returns his review pack to Agency on 1 June 2023 on his behalf, shortly after receiving it.
The determination for their scheduled review is made on 1 August 2023. The case manager sets 1 January 2023 as the start date for the new entitlement.
Billy’s mother requests a redetermination. The family’s social worker contacts the Agency to explain that the family leads a chaotic life and, due to their circumstances, could not reasonably have been expected to notice the change in Billy’s needs. They also explain that they had to remind Billy’s mother to do administrative tasks, such as managing Billy’s CDP award, and so she had to be prompted to submit Billy’s review form before the deadline.
The case manager processing the redetermination establishes that Billy and his mother could not have been reasonably expected to notice and report their change before the date they did report it (1 June 2023).
The case manager sets the start date for the new entitlement to 1 August 2023, which is the date the original review determination was made.
Angel experiences a decrease in needs on 1 October 2022 as well as on 1 January 2023.
Her changes in needs become apparent during her scheduled review, when her father returns her review pack to Agency on 1 June 2023 on her behalf, shortly after receiving it.
The determination for their scheduled review is made on 1 August 2023.
On their review form, the Angel’s father informs Social Security Scotland and explains that they did not report Angel’s second change when it occurred, because he had been in hospital with a broken leg. The case manager establishes that Angel’s father could have been reasonably expected to notice and report this change by mid-February 2023.
The case manager establishes that they will have to make two separate determinations to account for the different dates the changes will come into effect.
For the first decrease in award there is nothing to suggest that Angel’s father was not able to report this change around the time it happened. This means this change should come into effect on 1 October .
For the second change, 15 February 2023 is set as the effective date for this decrease in award as this is the date Angel’s father could have been reasonably expected to notice and report the change.