Child Disability Payment decision making guide
Introduction
This chapter uses terminology such as ‘severe mental impairment’, ‘arrested development’ or ‘severe impairment of intelligence’. We acknowledge that these terms are outdated and have been replaced by terms that are less stigmatising or medicalising. 'Severe mental impairment’ is a term in regulations that is widely known and well defined and understood in a legal context. The Decision-Making Guidance therefore uses the same terminology in order to avoid any misinterpretations or divergence from the law.
This chapter sets out the severe mental impairment and severe behavioural difficulties test. This test should be applied to determine if an individual is entitled to the higher rate of the mobility component. The test is comprised of the following three elements:
- Does the individual have a severe mental impairment?
- Does the individual have severe behavioural difficulties?
- Does the individual meet the criteria for the highest rate of the care component (CDP regs, reg. 13(2)(e))?
Case managers should refer to the Care Component Rates and Criteria chapter to understand if the child meets the third element of the test for severe mental impairment and severe behavioural difficulties.
If the individual does not meet all of the criteria at paragraph 2, they may still be able to qualify for the higher rate of the mobility component. An individual can qualify if they meet any of the following criteria:
- are unable to walk (CDP regs, reg. 13(2)(a))
- are virtually unable to walk (CDP regs, reg. 13(2)(a))
- the exertion required to walk would constitute a danger to the individual’s life, or would be likely to lead to a serious deterioration in the individual’s health (CDP regs, reg. 13(2)(a))
- have no legs or no feet (CDP regs, reg. 13(2)(b))
- have a severe visual disability (CDP regs, reg. 13(2)(c))
- are both blind and deaf (CDP regs, reg. 13(2)(d))
Case managers should refer to the Higher Rate Mobility Component chapter to determine whether the individual meets any of these criteria.
Each element of the severe mental impairment and severe behavioural difficulties test will be assessed below in turn.