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Payment when a client is also entitled to Child Disability Payment
A young person may apply for Adult Disability Payment while they are entitled to Child Disability Payment (ADP regs, reg. 58(1)). There is a different process for calculating when entitlement for Adult Disability Payment begins for these individuals. If an individual in receipt of Child Disability Payment is determined to have entitlement to Adult Disability Payment, their entitlement to Adult Disability Payment starts on the day immediately after the end of the young person’s current payment cycle of their Child Disability Payment award, following the Adult Disability Payment determination. They can continue to receive Child Disability Payment until their first payment of Adult Disability Payment (ADP regs, reg. 58(2)).
Where an individual, who was not entitled to Child Disability Payment, is determined to be entitled to Adult Disability Payment, their entitlement can be backdated to the date they applied for Adult Disability Payment (ADP regs. reg. 35(3)(4)(5)(6)). This cannot happen for an individual who is in receipt of Child Disability Payment immediately before being entitled to Adult Disability Payment because they cannot be eligible for Adult Disability Payment and Child Disability Payment at the same time (ADP regs, reg. 4(c)).
If the young person is determined to be entitled to a higher Adult Disability Payment award than their Child Disability Payment award, they should be paid the amount of Adult Disability Payment they would have received had they not been entitled to Child Disability Payment when they applied for Adult Disability Payment (ADP regs, reg. 58 (3)). This additional payment should be backdated to the date of application, reduced by the value of the Child Disability Payment that they received in the period between the Adult Disability Payment application date and the date of determination (ADP regs, reg. 58 (4)). This additional payment will be paid alongside their first payment of Adult Disability Payment following the date of determination.
If the young person’s Child Disability Payment award is higher than their new Adult Disability Payment award, no additional payment is required. They are not expected to repay any Child Disability Payment paid during the application process for Adult Disability Payment.
Example: Young person is eligible for an additional payment with their first Adult Disability Payment
The following rates are for illustrative purposes only and may not be accurate.
Helen is seventeen years old and is sight impaired. She has been eligible for the lowest rate of the care component and the lower rate of the mobility component for Child Disability Payment since November 2021. She submitted Part 1 of her application for Adult Disability Payment on 15 May 2023, and Part 2 on 1 June 2023, as a result her application date is treated as 15 May 2023. As Helen completed her application while she is still eligible for Child Disability Payment, her eligibility for Child Disability Payment will continue until a determination is made on her application for Adult Disability Payment.
A Case Manager determines that Helen is eligible for Adult Disability Payment on 1 September 2023, when she is still eligible for Child Disability Payment, and awards her the Standard rate of the Daily Living Component and the Standard rate of the Mobility component. They set the date for Helen’s first Adult Disability Payment cycle to begin on 16 September, the day after their last Child Disability Payment.
Using the 2023/24 rates of Child Disability Payment and Adult Disability Payment, Helen has been in receipt of £53.80 per week since 15 May 2023, but she would have received £95/week if she had been in receipt of Adult Disability Payment had she not had entitlement to Child Disability Payment immediately before. Helen is entitled to the £700.40 difference that she would have been paid in accordance with regulation 35 of the Adult Disability Payment regulations.
An individual may no longer be entitled to Child Disability Payment at the point in time that they are determined to be eligible for Adult Disability Payment (ADP Regs 58(2)(b)). This will normally be because they have turned 18 before submitting Part 2 of the Adult Disability Payment application. If the individual submits Part 1 of the Adult Disability Payment application while being in receipt of Child Disability Payment, and submits Part 2 in line with ADP regulation 58(1)(b) and (c), Adult Disability Payment entitlement starts from the date of determination and they may be entitled to an additional payment of Adult Disability Payment. In this scenario, the first payment of Adult Disability Payment should be reduced by the value of the Child Disability Payment paid in the period between the date the Adult Disability Payment application was made and the date of determination.
Example: Individual submits Part 1 of application for Adult Disability Payment when eligible for Child Disability Payment, submits Part 2 after they have turned 18.
Li is 17 years old and has paraplegia, for which he receives a Child Disability Payment award. Li completes part 1 of his Adult Disability Payment application on 15 June 2023. Li’s 18th Birthday falls on 1 August 2023 and he takes a holiday with his parents at this time.
Li’s final Child Disability Payment award was paid to him on 31 July 2023. As Li did not submit Part 2 of his application until after his 18th Birthday, he is not eligible for Child Disability Payment any more. After Li returns home he submits Part 2 of his Adult Disability Payment application on 5 August 2023, this is less than 8 weeks after he began his application.
On October 15th 2023 a Case Manager determines that Li is eligible for Adult Disability Payment. Li’s entitlement begins on the day of this determination, and he may be eligible for an additional payment of Adult Disability Payment to cover the period between when his application was made, and his first payment of Adult Disability Payment.
In the course of determining Li’s entitlement to a backdated payment of Adult Disability Payment, the Case Manager notes that Li was entitled to CDP for the period of 15 June to 31 July 2023. The Case Manager t determines the values of the Adult Disability Payment award and the Child Disability Payment award that has already been paid to Li between 15 June and 31 July 2023. Alongside Li’s first payment of Adult Disability Payment, he will also receive a payment to cover his eligibility back to 15 June 2023, reduced by the value of Child Disability Payment he was awarded between 15 June and 31 July 2023.