Child Disability Payment decision making guide
Eligibility
An individual becomes entitled to apply for STA when a new determination by Social Security Scotland results in their entitlement to assistance being stopped or reduced (CDP regs, Schedule 1, para. 1(1)(a)(i)&(ii)).
An individual needs to make an application for STA. Entitlement to STA begins (CDP regs, Schedule 1, para. 1(4)):
- Where a request for a re-determination is made, on the day the request for re-determination is received by Social Security Scotland (CDP regs, Schedule 1, para. 1(4)(a))
- Where a request for an appeal is submitted on the day the request is received by Social Security Scotland (CDP regs, Schedule 1, para 1(4)(b))
- on the day the First-tier Tribunal sets aside the decision by Social Security Scotland to not accept a late request for re-determination (CDP regs, Schedule 1, para 1(4)(c))
- on the day the individual submits a late request for permission to appeal to the First-tier Tribunal (CDP regs, Schedule 1, para 1(4)(d))
- on the day the Tribunal sets aside their own decision on entitlement in order to make a new determination on entitlement (CDP Amendment Regs 19(1)(e))
The individual must also continue to meet the residence and presence requirements (CDP regs, Schedule 1, para. 1(1)(c)(i)) to be entitled to STA. For more information please refer to the Residence and Presence chapter.
The individual is entitled to STA if they have become resident in another part of the United Kingdom and the issue being challenged through re-determination or appeal is the determination for the 13-week period beginning when the individual stops being ordinarily resident in Scotland (CDP regs, Schedule 1, para. 1(1)(c)(ii)).
There are some situations when the value of the care component for CDP is reduced to £0. This happens when the individual is either:
- admitted into a care home (which includes a residential educational establishment) for a period of more than 28 days (CDP regs, reg .17(2))
- held in legal detention for a period of more than 28 days (CDP regs, reg. 18(2)).
Where a person is already resident in a care home (including a residential educational establishment) or in legal detention on the day on which their entitlement to CDP begins, the value of the care component will be £0 for as long as the person resides in the care home or legal detention (CDP regs, reg .20(2)).
Care component payment resumes when the individual leaves the care home, residential educational establishment or legal detention.
STA is not payable when the care component has been reduced to £0 in the above circumstances. This is because although the payment is reduced, the individual’s entitlement has not changed.
STA is also not payable when individual reaches the upper age limit for CDP (paragraph 1(2)(a)(i) Schedule 1 of the DACYP Regulations).
This is when a client reaches the age of 18, or:
- when a client who transferred from Disability Living Allowance for Children to CDP reaches 19
- when a client who moved to Scotland from elsewhere in the UK reaches 19
or where an individual has applied for ADP before their 18th birthday but does not yet have a determination reaches the age of 19.
An individual applies for CDP for the first time and is awarded lower rate for both components of the benefit. The individual disagrees with Social Security Scotland’s decision and requests a re-determination and applies for STA. The individual would not be entitled to STA in this situation.
An individual applies for CDP for the first time and is awarded high rate care and high rate mobility. The individual requests a re-determination and is awarded middle rate care and low rate mobility. The individual disagrees with Social Security Scotland’s decision and submits an appeal applying for STA at the same time. The individual would be entitled to STA in this situation as the value of entitlement at redetermination is lower than the value of entitlement originally.
After a determination to reduce their ongoing entitlement, an individual requests a redetermination which is accepted. The individual applies for STA 40 days after the redetermination is requested but while the re-determination is still in progress. The individual is entitled to STA in this situation. The payment of STA will be backdated to the date the request for a re-determination was made.
An individual requests a re-determination and applies for STA. They do this more than 42 days after receiving a determination to reduce their care component entitlement from high to low. This had reduced the total value of their ongoing award. Social Security Scotland take 7 days to decide that the reason for the late request for re-determination is not accepted. The individual is not entitled to STA for any period in this situation.