Child Disability Payment decision making guide
Eligibility
The individual for whom an application for assistance is being made must meet the standard eligibility requirements for all individuals except the age criteria:
- meet certain residence and presence criteria. The past presence test in the common travel area condition does not apply to people who are terminally ill (CDP regs, reg. 5(10)(a))
- have a right to public funds. For example someone seeking asylum to the UK who has not yet been granted asylum does not have a right to public funds
To be eligible under special rules terminal illness the person for whom an application for assistance is being made must also be diagnosed as terminally ill. A terminal illness diagnosis – known as the clinical judgement – must be made in accordance with Chief Medical Officer (CMO) guidance by a registered medical practitioner (RMP) or registered nurse (RN) (1 CDP regs, reg 15(6)- (9)).
Social Security Scotland directs individuals resident in other parts of Great Britain to the Department for Work and Pensions and individuals resident in Northern Ireland to the Department of Communities. Where a client is moving between Scotland and the rest of the UK refer to the chapter on moving from Scotland to another part of the UK and vice versa.
SRTI applications for CDP can be made by either:
- the parent, of a terminally ill child or the young person if they have reached age 16
- any third party including friend, family member or representative from an organisation as long as they have the individuals consent to complete the application on their behalf
- the individual’s Power of Attorney, Guardian or Social Security Scotland appointee who formally acts on their behalf
Michael, aged 6 is terminally ill. His doctor has completed a BASRiS form and explained his terminal diagnosis to his parents. Michael’s grandfather completes an application for Michael. All communication is with Michael’s parent named on the application form.