Responsibility to report changes about the individual's needs
Despite the length of any review period, there is still a duty to report a change of the individual’s circumstances. This includes situations where the individual:
- experiences an unexpected improvement in their condition
- moves away permanently from Scotland
- stays temporarily outside of Scotland
- goes into alternative accommodation, such as a care home, residential educational establishment or legal detention
If there is a failure to notify of a change of the individual’s circumstances that would affect the level of CDP that they are entitled to, the person responsible for the award may:
- be overpaid Child Disability Payment
- be committing a criminal offence
The person is committing a criminal offence if the person both:
- does not have a reasonable excuse for not doing so
- knew or ought to have known that a change might result in the individual not being entitled to assistance or becoming entitled to less assistance
The person responsible for the CDP award will also continue to receive communications from Social Security Scotland, including a yearly letter with the new benefit rates (annual uprating notification). This will remind them to report a change of circumstances about the individual before their scheduled review takes place, or if a change has taken place before the individual’s award ends at their 18th birthday.