Child Disability Payment decision making guide
End of entitlement
An individual’s entitlement to STA ends on the day:
- the individual asks for the STA payment to be cancelled (CDP regs, Schedule 1, para 3(1)(a))
- a determination is made on a re-determination request (CDP regs, Schedule 1, para 3(1)(b))
- the First-tier Tribunal makes a decision (CDP regs, Schedule 1, para 3(1)(c))
- the First-tier Tribunal refuses permission to make a late appeal (CDP regs, Schedule 1, para 3(1)(d))
- the individual withdraws their appeal (CDP Amendment regs, reg 19(2)(a))
In cases where the decision of the First-tier Tribunal is set aside after a review under section 43(2) of the Tribunals (Scotland) Act 2014, Social Security Scotland will make a determination without application on the individual’s entitlement to STA (CDP regs, Schedule 1, para 3(2)).
In cases where the First-tier Tribunal set aside a decision by Social Security Scotland not to accept a request for a re-determination, and Social Security Scotland had also decided that the individual was not entitled to STA, Social Security Scotland will make a determination without application on the individuals entitlement to STA (CDP regs, Schedule 1, Part 1, para (1C)).
Please note the care and mobility rates used in the following examples are for illustrative purposes only and may not be accurate at the time of reading.
After a determination to reduce their total ongoing payment from £122.55 per week to £86.25 per week, on 23 April 2022 an individual both:
- requests a re-determination
- applies for STA.
The request for STA is accepted and is payable from 23 April 2022. The value of STA is £36.30 which is the difference between the:
- ‘new’ total value of their ongoing payment
- ‘old’ total value of their ongoing payment.
At re-determination on 30 May 2022, the determination to reduce the ongoing payment is upheld. The individual is notified and STA stops being paid from 30 May 2022.
The individual submits an appeal on 15 June 2022 and requests STA. The appeal is accepted by the FtT and STA is payable from 15 June 2022. On 20 August 2022, the FtT upholds the re-determination which reduced the ongoing payment. STA stops being paid from the same date.
After a determination to reduce their total ongoing payment from £122.55 per week to £86.25 per week, on 15 February 2022 an individual both:
- requests a re-determination
- applies for STA
The request for STA is accepted and is payable from 15 February 2022. The value of STA is £36.30 which is the difference between the:
- ‘new’ total value of their ongoing payment
- the ‘old’ total value of their ongoing payment.
At re-determination on 25 March 2022, the determination to reduce the ongoing payment is upheld. The individual is notified and STA stops being paid from 25 March 2022.
The individual both submits an appeal and requests STA on 26 April 2022. The appeal is accepted by the FtT and STA is payable from 26 April 2022. On 2 July 2022 the FtT both:
- overturns the re-determination which reduced the ongoing payment
- confirms entitlement at the original rate of £122.55 per week.
STA stops being paid from 2 July 2022.
On 11 August 2022 an individual both:
- submits a late appeal against an earlier determination to reduce an ongoing payment of CDP from £86.25 per week to £47.40 per week
- applies for STA.
The FtT consider the request and accepts the late appeal with payment of STA starting on 11 August 2022 at a rate of £38.85 per week which is the difference between the:
- ‘new’ total value of their ongoing payment
- the ‘old’ total value of their ongoing payment.
On 29 November 2022 the FtT decide the appeal.
STA is payable for the period between 11 August 2022 and 29 November 2022.
On 19 September 2022, an individual both:
- submits a late appeal against earlier determinations to reduce an ongoing payment of CDP from £86.25 per week to £47.40 per week
- requests STA.
On 5 October 2022 the FtT refuse permission for the late appeal.
STA is still payable in this situation for the period between 19 September 2022 and 5 October 2022.