Requesting that an award of Child Disability Payment be cancelled
Individuals who are entitled to Child Disability Payment (CDP) have the right to request entitlement to CDP be cancelled and payments be stopped . This involves cancelling the individual’s entitlement to assistance (SS(S) Act 2018 s. 26(1)).
Client representatives can exercise this right on behalf of the individual who is entitled to assistance(SS(S) Act 2018, s .85A).
A client representative includes someone who:
- has parental rights and responsibilities for the individual
- has been appointed by Social Security Scotland (under s.85A of the 2018 Act)
- has a Power of Attorney for the individual
- is the individual’s Guardian
- has a legal right to act on the individual’s behalf.
You must consider a request by a client representative but should satisfy yourself that the client representative is practicably able to act on the client’s behalf. This will help to ensure that cancelling entitlement is in the individual’s interests.
Where there are doubts about whether a client representative is practicably able to act on an individual’s behalf, refer to the guidance on when to find a new client representative or arrange for the individual to act for themselves. .
The cancellation of the individual’s entitlement must take place either
- immediately or (SS(S) Act 2018 s.26(2)(a))
- at a later date, if specified in the request(SS(S) Act 2018 s.26(2)(b)).
You must confirm that cancellation is the correct step to take, rather than:
- treating the request as a potential change of circumstances
- arranging for a new client representative to act on behalf of the individual
- arranging for the individual to act for themselves (if they are aged 16 years or over).