Child Disability Payment decision making guide
Suspension for failure to provide payment details
Overview
Social Security Scotland will usually pay CDP to someone on behalf the individual who either:
- has parental rights and responsibilities for the child
- has been appointed by Social Security Scotland.
When the individual reaches 15 years and 7 months old, enquiries are made to establish if either:
- the individual will be able to manage their entitlement upon reaching age 16
- the individual will require an appointee to manage their entitlement to assistance as the individual is legally deemed to lack capacity.
Social Security Scotland will write to the individual’s representative to ask whether the individual will be able to manage their benefits themselves from age 16.
The case manager may suspend payment where all of the following apply:
- the individual reaches age 16
- there is no arrangement to either pay the individual or another person to be used for the benefit of the individual (CDP Regs, reg. 26A(3)(c)).
It may be reasonable to suspend assistance where the individual is imminently due another payment of CDP and it is not possible to identify who CDP should be paid to.
Jorah is entitled to the highest rate of the care component of CDP and turned 16 on 4 July. Jorah’s CDP was paid to their mum previously, but despite sending several requests to identify whether Jorah would be capable of managing their own payments, no response has been received. The next payment of CDP is due in two days on 8 July. The case manager attempts to call Jorah’s mum and it becomes clear that it won’t be possible to identify who should be paid before the next payment. The case manager therefore decides to suspend payment.
Where the individual is not due their next payment of CDP for some weeks, it may be unreasonable to suspend payments. The case manager should urgently attempt to address the situation and identify who CDP should be paid to. If this is not possible by the time the individual is due their next payment, then it may become reasonable to suspend payment.
Dani is entitled to the middle rate of the care component and the lower rate of the mobility component of CDP. Dani turned 16 on 7 September. The next payment of CDP is due on 27 September. The case manager has not received a response from Dani’s aunt, who was appointed on Dani’s behalf when Dani was still a child. The case manager notes that Dani still has contact with other members of their family and that the next payment is not due for several weeks. The case manager decides not to suspend and makes urgent enquiries about who should be receiving payments instead.
Case managers must end the suspension as soon the suspension is no longer necessary because either:
- the individual can receive payments directly (now that they are an adult)
- it is established that a person has authority to receive payments on the individual’s behalf (now that the individual is an adult).
Case managers must proactively take steps to make a suitable arrangement for the individual so that the suspension lasts no longer than is necessary.
Purpose of suspension in this situation
Once an individual reaches age 16, they will be legally regarded as an adult.
They will therefore potentially be capable of manging their own financial affairs, including their entitlement to CDP.
Some individuals will be legally regarded as incapable of managing their financial affairs. In these circumstances, a person may be appointed to act on their behalf (see Client Representative Guidelines).
The suspension must not last any longer than is necessary. This means that while payments are suspended, case managers must actively take steps to resolve the need for payments to be suspended.