Child Disability Payment decision making guide

Events that prompt an unscheduled review

The following is an overview of the changes which prompt unscheduled reviews.

When there is a change of circumstance that would possibly result in a change in the components and/or rates of CDP an individual is entitled to or receives. It does not matter whether the individual reports the change or Social Security Scotland become aware of it another way (CDP regs, reg. 31(a)).

When the Scottish Ministers become aware that a determination of an individual’s award was made in ignorance of a material fact (CDP Regs 31(a)).

When an individual dies (CDP regs, reg. 31(b)).

When an individual:

  • is under 18 years old,
  • becomes resident in Scotland,
  • was resident in another part of the UK and was entitled to Disability Living Allowance (DLA) immediately before the date of the move to Scotland (CDP regs, reg. 35)

If the DLA award that the individual was entitled to prior to moving to Scotland is later altered, this will prompt an unscheduled review. This is the case if the DLA award is revised, superseded, appealed, or reconsidered (CDP regs, reg. 31(c)) after the determination of entitlement to CDP after moving to Scotland.

When an individual moves from Scotland to another part of the UK (CDP regs, reg. 36).

When the previous determination was based on an error (CDP regs, reg. 32 (Determination following official error – underpayments) and reg. 33 (Determination following error – overpayment)).

When Social Security Scotland:

  • begin giving CDP to an individual by way of deduction (CDP regs, reg. 34(2)(a))
  • decide that it is no longer appropriate to give CDP to an individual by way of deduction (CDP regs, reg. 34(2)(b))
  • decide to vary the amount being given to an individual by way of deduction (CDP regs, reg. 34(3)(a))
  • decide to vary the period over which CDP is given to an individual by way ofdeduction (CDP regs, reg. 34(3)(b))
  • cease making deductions (CDP regs, reg. 34(3)(c))

When an individual who is receiving CDP by way of deduction notifies Social Security Scotland that they wish to:

  • withdraw their agreement to be given CDP by way of deduction (CDP regs, reg. 34(4)(a))
  • increase or decrease the amount of CDP being given by way of deduction (CDP regs, reg. 34(4)(b),(c))
  • amend the length of period over which CDP is given to an individual by way of deduction (CDP regs, reg. 34(4)(c))

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