Child Disability Payment decision making guide
The decision making guidance, along with training provided to case managers, provides an official interpretation of legislation for Social Security Scotland staff to make decisions about entitlement to Child Disability Payment.
Pages in this publication:
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- Circumstances when an application may be made
- How to make an application
- Who can make an application
- Beginning an application
- Date the application is to be treated as made
- Acceptable and unacceptable applications
- Rejecting an application
- Making an application before qualifying age
- Making an application before residence and presence requirements met
- When an individual applying for CDP on behalf of a child dies after an application is submitted and before a determination is made
- Change of circumstances before an initial determination has been made
- Determination of entitlement
- Withdrawal of application
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- Events that prompt an unscheduled review
- Unscheduled review following change of circumstances
- Individuals tell us about a change
- Third parties telling us about a change
- Changes that require an unscheduled review
- Changes which do not require an unscheduled review
- Unnecessary to review
- A change that occurs before the initial determination is made
- What information is used to make the decision
- When a change of entitlement takes effect
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- When an individual in receipt of DLAC moves to Scotland
- Entitlement to CDP beginning while in ‘alternative accommodation’
- Individual turns 16 after their DLAC award was made but before CDP award is made
- When case managers are required to make a determination without application
- If entitlement to CDP is based on a DLAC award that later changes
- When an individual in receipt of CDP moves to another part of the UK
- When the individual notifies Social Security Scotland in advance of the move
- When an individual notifies Social Security Scotland less than 13 weeks after the move
- An individual cancels the move after they have told Social Security Scotland that they are moving
- When an individual notifies Social Security Scotland more than 13 weeks after the move
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- Reason for the check
- Who gains parental rights and responsibilities for a child
- Checking the application form
- The case manager makes further enquiries – general guidance
- What supporting information case managers can ask for
- Further enquiries after the applicant has stated that they do not have parental rights and responsibilities or has left the question unanswered
- The applicant does not appear to have parental rights and responsibilities
- Another person with parental rights and responsibilities lives with, and looks after the child and is able and willing to act
- No person with parental rights and responsibilities lives with, and looks after the child and appears able and willing to act
- When to seek advice
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- Deciding who will act on a child's behalf
- Legal authority to act on the child's behalf
- Checking legal authority to act on behalf of the child
- Practicably able to act on the child's behalf
- Considering whether to make an appointment to act on child's behalf
- Resolving disputes about who should act on behalf of a child
- Guidance on specific situations
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- Examples of typical changes in mobility or care needs
- Making an unscheduled review because of a change of circumstance
- Applying the backwards and forwards tests
- When the change in entitlement should begin if the individual meets the criteria for a higher award
- What is a good reason for not notifying within 1 month
- Setting an earlier start date for entitlement when a change in an individual’s needs leads to a higher award
- When the change in entitlement should begin if the individual meets the criteria for a lower or no award
- Setting a later start date to entitlement when a change in an individual’s condition and needs leads to a lower award or the end of the award
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- Need for Discretion
- Special Rules for Terminal Illness
- Eligibility
- Supporting information for SRTI
- Applications from a third party
- Date of Award
- Application not made under SRTI - individuals who may be terminally ill
- Terminal illness diagnosis during non-SRTI application
- Incomplete SRTI applications
- Moving from Child Disability Payment to Adult Disability Payment
- Change of Circumstances
- Re-determinations and Appeals
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- Right to Appeal to the First-tier Tribunal
- Appealing a process decision
- How an individual can appeal to the First-tier Tribunal against a determination or re-determination
- Deadlines for appealing
- Non-disclosure of documents and information that could cause serious harm to physical or mental health
- Responding to the notice of appeal
- Who is in the First-tier Tribunal
- Hearings
- Representatives and supporters
- Evidence and submissions
- Witnesses
- Withdrawing or deciding to stop an appeal
- The First-tier Tribunal’s decision
- Applying for a written statement of reasons
- The First-tier Tribunal’s power to review and set aside its decisions
- Duty to treat a request for a review as an application for permission to appeal
- Appealing against a decision of the First-tier Tribunal
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- Eligibility
- Ordinary residence in Scotland
- Habitual residence in the Common Travel Area
- Presence in the Common Travel Area
- Past presence in the Common Travel Area
- ‘Subject to immigration control’
- Members of the armed forces and civil servants
- Aircraft Workers, mariners and continental shelf workers
- Temporary absence
- European Union rules on social security coordination
- Personal scope of the European Union social security coordination rules
- Other international agreements
- First Claims from Abroad
- Export
- Competent State
- Residence criteria for the protected cohort
- Genuine and Sufficient Link to Scotland
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- Eligibility criteria for the higher rate mobility component
- The individual's physical condition as a whole
- What is meant by walking
- Does the individual use an aid or appliance to walk?
- Use of both legs and feet to walk
- What type of walking surfaces are relevant?
- Does the individual's ability to walk vary or fluctuate?
- Can the individual be described as virtually unable to walk?
- Does walking cause exertion leading to danger to life or deterioration in health?
- Severe visual disability
- Individuals who are deaf and blind
- Severe mental disabilities
- Eligibility for Accessible Vehicles and Equipment Scheme
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- The meaning of case transfer
- The case transfer process from Disability Living Allowance for children (DLAC) to Child Disability Payment (CDP)
- The CDP determination
- Payment cycles
- Backdating
- Information received from the Department for Work and Pensions (DWP)
- Appointees
- Residence
- Re-determinations and appeals
- People who turn 18 on or before 31 December 2023
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- Our approach to gathering supporting information
- What is Supporting Information?
- Confirmation from a professional
- Additional supporting information
- Lack of confirmation from a professional
- Gathering supporting information
- Requesting more additional supporting information
- Disengagement
- Supporting information when carrying out a review
- Supporting information and Special Rules for Terminal Illness
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- Responsibilities when suspending payments
- When payment of assistance may be suspended
- Suspension for failure to provide information
- Suspension because person unable to continue acting or individual at risk of financial abuse
- Suspension for failure to provide payment details
- Suspending payments
- Considering the individual’s financial circumstances
- Reviewing a decision to suspend payments
- Impact of suspension on individuals with an AVE lease
- Ending a suspension
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- Right to appeal to the Upper Tribunal
- Applying to the First-tier Tribunal for permission to appeal to the Upper Tribunal
- Applying to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses permission
- Notice of appeal
- Non-disclosure of documents and information that could cause serious harm to physical or mental health
- Responding to the notice of appeal
- Who is in the Upper Tribunal
- The Upper Tribunal’s case management powers
- Witnesses
- The Upper Tribunal’s powers to review and set aside its decisions
- Appealing against a decision of the Upper Tribunal