Child Disability Payment decision making guide
If there has been an increase in level of entitlement
This section covers scenarios where the individual reports a change of circumstances that leads to an increase in their level of entitlement.
If the individual both
- returns their review pack and reports an increase in need that leads to an increase in entitlement,
- has already met the backwards test for this increase,
their change in entitlement will take effect on the date the case manager makes the determination without application (CDP regs, reg. 28(1)(d)).
Individuals must satisfy the backwards test before they can become entitled to an increased rate of CDP when their award is reviewed. For more information on the backwards test please refer to the Backwards and Forwards Tests chapter. Reference should also be made to the ‘Change of circumstances: change in mobility or care needs’ chapter for guidance on applying the backwards test appropriately.
Amy’s mother returns Amy’s review pack on her behalf on 1 February 2023, shortly after having received it. She reports a change in circumstances and tells us that Amy’s level of needs increased from 1 January 2023.
A case manager picks this up to process in March 2023. After considering all the information they determine the award will increase.
However, Amy has not yet met the backwards test. The change in her level of needs was on 1 January 2023. She meets the backwards test for this on 2 April 2023. So, the increase in award should take effect from the 2 April 2023.
Callum’s father returns Callum’s review pack on his behalf on 1 February 2023, shortly after having received it. He reports a change in circumstances and tells us that Callum’s level of needs increased on 15 June and 1 September 2022, respectively.
A case manager picks this up to process in March 2023. They make a new determination on 25 March. The award increases.
Callum met the backwards test for their changes on 14 September and 1 December 2022, respectively.
As the determination was made later than that, this means the case manager uses the date of determination to set when the increase in award takes effect. This is from 25 March 2023.
Setting an earlier start date if it would be unjust not to do so
There are circumstances that would make it unjust not to set an earlier date for the increase in entitlement to take effect (CDP regs, reg. 28(2)).
Case managers should make the decision
- whether it would be unjust not to set an earlier date
- what that earlier date should be,
based on information already available to them. This could be, for example, through details provided on the client’s review form or further information provided later in a redetermination form.
One scenario where it would be unjust not to set an earlier start date would be where both:
- the award review has been delayed
- the delay was caused by Social Security Scotland
Examples of scenarios where Social Security Scotland is responsible for delays in reviewing a case include:
- forms or documents submitted by the individual as part of their review have got lost
- pre-review notifications or review packs were not sent out on time
- after completed review forms have been received, reviews are concluded more than 12 weeks after their review date
This list is not exhaustive.
The case manager must refer to the relevant operational guidance chapter where processing has been delayed and DMG chapter when deciding whether setting an earlier date would be appropriate.
Another scenario would be where the client reaches out to Social Security Scotland to explain that they didn’t notice the change, or have a good reason not to have reported it within a reasonable timeframe due to, for example:
- impacts of their condition or overall health
- bereavement
- a hospital stay
This list is not exhaustive.
If a case manager is uncertain about whether it would be unjust to not set an earlier date for a change of entitlement, they should seek advice from their decision team manager.
The client’s mother returns the client’s review pack on their behalf on 1 February 2023, shortly after having received it. The client reports a change in circumstances which means their level of needs increased from 1 July 2022.
A case manager makes a new determination on 1 April 2023 and the award increases.
The client’s mother mentioned, when contacted for further information about their child’s change in needs, that she has been experiencing a decline in her mental health and as such, has been struggling with living an organised life, including completing administrative tasks. She has been feeling unable to report the change in her child’s needs sooner, due to this decline in her mental health.
Based on this information, the case manager establishes that the client’s mother has good reason for not reporting their child’s change earlier, when it occurred. Therefore, they decide that it would be unjust not to set an earlier start date for the increased award. They set the start date to be the date the client first met the eligibility criteria for the increased entitlement. This is 13 weeks after 1 July 2022, which is 30 September 2022.