Mental Health and Benefits Handbook 1st edition - with new materialPart 2: Benefits Chapter 11: Child disability payment
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    Chapter 11: Child disability payment
    Key facts
      •Child disability payment (CDP) is a non-means-tested benefit for children and young people with a disability or long-term health condition who live in Scotland. It has replaced disability living allowance for children and young people in Scotland.
      •You can claim CDP alongside most other benefits. It does not count as income for the purposes of means-tested benefits.
      •CDP has two components. A child or young person can qualify for one or both. The ‘care component’ is paid at one of three rates and reflects needs for attention or supervision during the day and/or at night. The ‘mobility component’ is paid at one of two rates and reflects difficulties going out and getting around, including for mental health reasons.
      •You can challenge determinations about eligibility for CDP.
      •Getting CDP can mean that you are eligible for other kinds of financial support.
    1. Who can get child disability payment
    Child disability payment (CDP) is a non-means-tested benefit 1A benefit that is paid regardless of the amount of someone’s income or capital such as savings. for children and young people (we use the term ‘children‘ in this chapter). CDP is intended to help with the extra costs of having a disability or long-term health condition. Children with mental health problems, with or without a diagnosis (see here), may be eligible for CDP.
    You can get CDP for a child if the child:1s31 and Sch 5 SS(S)A 2018; reg 3 DACYP(S) Regs
      •is under 16 when you claim (they must be at least three to get the mobility component 2Part of a disability benefit paid if someone has difficulties getting about, including for mental health reasons. There is no mobility component of attendance allowance. and five to get the lower rate; they can keep getting CDP until they turn 18, or 19 in some circumstances);2Regs 4, 12(1), 13(1) and 24(2) DACYP(S) Regs and
      •meets the residence conditions, and is not a person subject to immigration control 3Someone who requires leave to enter or remain in the UK but does not have it, or who has leave to remain but is prohibited from having recourse to public funds, or has leave to remain in the UK on the basis of a sponsorship agreement. – see CPAG’s Welfare Benefits and Tax Credits Handbook; and
      •is not getting disability living allowance (DLA), personal independence payment (PIP), adult disability payment (ADP) or armed forces independence payment; and
      •meets the ‘disability conditions’ (see below); and
      •has had their needs for at least 13 weeks and is expected to have them for at least 26 weeks longer (these are sometimes called the ‘the backwards test’ and ‘the forwards test’).3Regs 11(3), 12(6) and 13(10) DACYP(S) Regs
    Note: special rules apply if a child is regarded as terminally ill (see here) and in certain other situations – eg, if they are living in a care home (see Chapter 18).
    The disability conditions
    The health-related eligibility criteria for CDP are known as the ‘disability conditions’. This does not mean that a child must be considered to have a disability in order to qualify.
    Disability conditions for the care component
    The care component 1Part of disability living allowance and child disability payment paid if someone needs supervision or assistance because of a disability or health condition. of CDP is paid at one of three rates: lowest, middle or highest. The conditions for getting each rate are largely the same as for DLA. See here for how they are interpreted for DLA.
    A child can get the lowest rate care component if:1Reg 11(1)(a)-(b) and (5)(c) DACYP(S) Regs
      •as a result of a physical or mental disability or health condition, they require attention from another person for a significant portion of the day in connection with their bodily functions; or
      •they are 16 or over and, as a result of a physical or mental disability or health condition, they cannot prepare a cooked main meal for themself if they have the ingredients.
    A child can get the middle rate care component if they:2Regs 11(1)(c)-(d) and (5)(b) and 16(3) DACYP(S) Regs
      •satisfy one of the daytime conditions or one of the night-time conditions (see here); or
      •have renal dialysis in certain circumstances.
    A child can get the highest rate care component if they:3Regs 11(1)(c)-(d) and (5)(a), 15(1)(a) and 16(4) DACYP(S) Regs
      •satisfy one of the daytime conditions and one of the night-time conditions (see here); or
      •have renal dialysis in certain circumstances; or
      •are terminally ill (see here).
    Note: to meet these conditions, a child under 16 must need attention or supervision ‘substantially in excess of the normal requirements’ of a child of the same age.4Reg 11(2) and (4) DACYP(S) Regs
     
    The daytime and night-time conditions
    These conditions are largely the same for CDP as for DLA. See here for how they are interpreted for DLA.
    The daytime conditions are that, as a result of a physical or mental disability or health condition, a child requires:5Reg 11(1)(c) DACYP(S) Regs
      •frequent attention throughout the day in connection with their bodily functions; or
      •continual supervision throughout the day in order to avoid substantial danger to the child or others.
    The night-time conditions are that, as a result of a physical or mental disability or health condition, a child requires:6Reg 11(1)(d) DACYP(S) Regs
      •prolonged or repeated attention from another person at night in connection with their bodily functions; or
      •another person to be awake for a prolonged period or at frequent intervals at night to watch over them, in order to avoid substantial danger to the child or others.
    When night-time begins and ends depends on the ordinary routine of the child’s household.7Reg 11(6)(a) DACYP(S) Regs
    Definitions for the care component
    The following terms are defined in law. Other terms are not, but have been interpreted in a certain way in DLA caselaw (see here). This DLA caselaw is likely to be persuasive for CDP too. However, decision makers and tribunals deciding CDP cases are not bound to follow DLA caselaw in every case, and over time the CDP assessment criteria may be interpreted differently by courts and tribunals, leading to new CDP caselaw.
    ‘Attention’ means ‘the provision of personal care, prompting or motivation in relation to bodily functions or assistance with communication needs’.8Reg 11(6)(b) DACYP(S) Regs
    ‘Bodily function’ means ‘the normal action of any organ of the body, including the brain, or of a number of organs acting together’.9Reg 2 DACYP(S) Regs
    ‘Require’ means ‘reasonably require’.10Reg 11(8) DACYP(S) Regs
    ‘Significant portion of the day’ can be a single period or several periods during the day.11Reg 11(1)(a) DACYP(S) Regs
    ‘Supervision’ means ‘the precautionary or anticipatory presence of another person to monitor an individual’s physical, mental or emotional health including monitoring for obstacles or dangerous places or situations’.12Reg 11(7) DACYP(S) Regs
     
    Examples
    Malyun (15) has depression. She needs prompting and motivation at various points throughout the day – eg, to get out of bed, eat meals, participate in lessons and take part in counselling sessions. To support her CDP claim, Malyun’s father uses a diary to keep track of how often and for how long she needs this help.
    Georgia (14) has tried to take her own life in the past and has described to her foster carers her detailed plans for attempting this again. She also self-harms, and this has led to hospitalisation in the past because of its severity. Georgia reasonably needs to have somebody with her for 24 hours a day to minimise the risk of substantial danger. She can qualify for the higher rate of the CDP care component on the basis of her daytime and night-time needs. This can apply even if she is rarely awake in the night, because the grave risk of danger if she woke up at night and was not watched over can be weighed against the relatively small likelihood of this actually happening (see here for related DLA caselaw).
    Disability conditions for the mobility component
    The mobility component is paid at one of two rates: lower or higher.
    The conditions for getting each rate are largely the same as for DLA. See here for how the conditions are interpreted for DLA.
    A child aged five or over can get the lower rate mobility component if:1Reg 12 DACYP(S) Regs
      •as a result of physical or mental impairment, they cannot move around outside, on unfamiliar routes, without requiring supervision or guidance from another person most of the time; and
      •if they are under 16, the supervision or guidance they need is ‘substantially in excess of the normal requirements’ of a child of the same age.
    Definitions for the mobility component
    ‘Supervision’ means ‘the precautionary or anticipatory presence of another person to monitor an individual’s physical, mental or emotional health including monitoring for obstacles or dangerous places or situations’.2Reg 11(7) DACYP(S) Regs
    ‘Guidance’ means ‘direction or leading by physical means or verbal suggestion or persuasion’.3Reg 12(7) DACYP(S) Regs
    A child aged three or over can get the higher rate mobility component if:4Reg 13 DACYP(S) Regs
      •they are unable, or virtually unable, to walk, or the (physical) exertion required to walk would lead to a danger to their life or a serious deterioration in their health; or
      •they have no legs or feet; or
      •they are both blind and deaf and are ‘unable, without the assistance of another person, to walk to any intended or required destination while out of doors’; or
      •they have a ‘severe visual impairment’; or
      •they are terminally ill (see here); or
      •they qualify for the highest rate of the CDP care component, have a ‘severe mental impairment’ (ie, arrested or incomplete development of the brain which results in severe impairment of intelligence and social functioning), and have ‘severe behavioural difficulties’.
    Note: a child cannot normally qualify for either rate of the mobility component unless they are ‘able, from time to time, to benefit from assistance for movement’.5Reg 14 DACYP(S) Regs
    Example
    Duncan (15) has severe anxiety related to leaving the house and experiences panic attacks. He has an award of the lower rate of the mobility component of CDP because his mental health problems mean that he cannot go out on his own. Duncan is awaiting an autism assessment and his mother believes that if he is diagnosed with autism he will then be eligible for the higher rate of the mobility component of CDP. An advice worker explains that this is not right: although autism can be understood as a ‘severe mental impairment’ for CDP purposes, Duncan cannot qualify for the higher rate mobility component on the basis of severe mental impairment because he does not also have ‘severe behavioural difficulties’ or get the highest rate of the CDP care component.
    2. The amount of benefit
    Child disability payment (CDP) mobility component 1Part of a disability benefit paid if someone has difficulties getting about, including for mental health reasons. There is no mobility component of attendance allowance. is paid at one of two weekly rates:1Reg 23(2) DACYP(S) Regs
      •the lower rate is £26.90;
      •the higher rate is £71.00.
    CDP care component 2Part of disability living allowance and child disability payment paid if someone needs supervision or assistance because of a disability or health condition. is paid at one of three weekly rates:2Reg 23(1) DACYP(S) Regs
      •the lowest rate is £26.90;
      •the middle rate is £68.10;
      •the highest rate is £101.75.
    3. Making a claim
    How to claim
    A claim for child disability payment (CDP) is made by a parent or appointee 1Someone authorised to claim and receive your benefit on your behalf, when you are unable to manage it yourself. (see here) on a child’s behalf. You can start a claim for CDP:
    Claims for CDP are made in two parts.
      •Part 1 registers the claim. You can do this by telephone or online. You need to provide the name and date of birth of the child to register the claim.1Reg 24(4) DACYP(S) Regs In practice, Social Security Scotland 2A Scottish government department that pays many devolved benefits in Scotland. (SSS) also asks for other information, such as contact details and the name of the adult with responsibility for the child, where you live and bank details.
      •Part 2 asks about the child’s disability or health condition and how it affects them. There is more information about Part 2 on here.
    If you do Part 1 by telephone, you are sent a paper form to complete for Part 2. If you do Part 1 online, you set up an account with SSS which you then use to complete Part 2.
    Your date of claim is the date you complete Part 1, so long as you complete Part 2 of the claim within six weeks of that date. Otherwise, the date of claim is the date SSS receives the Part 2 form.2Reg 24(5) DACYP(S) Regs The six-week period can be extended if you can show there is ‘good reason’ for the delay.3Reg 24(4) and (6) DACYP(S) Regs; SSS, Decision Making Guide: applying for child disability payment, paras 20-23, available at socialsecurity.gov.scot/guidance-resources/guidance/decision-making-guide If anything is preventing you from completing Part 2, ask for more time as soon as possible.
    Claiming in advance and backdating
    A claim for CDP can be made in advance, before a child has satisfied the qualifying conditions, provided they will meet the condition within 13 weeks of making the claim.1Reg 24(2) DACYP(S) Regs
    CDP cannot be backdated 1When you can get a benefit from a date before the date on which you actually claimed it. Not to be confused with getting arrears of benefit – eg, after winning an appeal. unless your child is terminally ill. If a child might have qualified for CDP earlier but you did not claim because you were given the wrong information or were misled by SSS or the DWP 2The Department for Work and Pensions. A central government department that pays many benefits in Great Britain., you could make a complaint and ask for compensation (see here).
    Note: the term ‘backdating’ is often informally used to mean getting arrears of your benefit going back to a claim or decision date – eg, after winning an appeal. However, in this Handbook, we use backdating to mean getting paid benefit for a period before the date you claimed.
    Additional support
    If you have (or will have) difficulty with the claims process and need additional support, see Chapter 20.
    Terminal illness
    The rules about claiming CDP are different if a child is terminally ill. For CDP, a child is regarded as ‘terminally ill’ if it is the judgement of a registered medical practitioner or a registered nurse, who is involved in the care or diagnosis of the child, that the child has a progressive disease that can reasonably be expected to cause their death.1Sch 5 para 1(2)-(3) SS(S)A 2018; reg 15(6)-(9) DACYP(S) Regs
    If you are claiming CDP on the basis of a child’s terminal illness, you must tick the box on the claim form to say you are claiming under the ‘special rules’. The claim will then be fast-tracked. In addition to the claim form you must provide Form DS1500, SR1 or a Benefits Assistance under Special Rules in Scotland (BASRiS) form completed by a doctor or nurse.2SSS, Special Rules for Terminal Illness: frequently asked questions, 28 June 2021, available at socialsecurity.gov.scot/guidance-resources/guidance/special-rules-for-terminal-illness-frequently-asked-questions
    If a child is regarded as terminally ill, you do not have to provide extra information about their care and mobility needs as they are automatically entitled to the highest rate care component 1Part of disability living allowance and child disability payment paid if someone needs supervision or assistance because of a disability or health condition. and the higher rate mobility component.3Reg 15(1) DACYP(S) Regs The care component can be paid from birth, but the mobility component 2Part of a disability benefit paid if someone has difficulties getting about, including for mental health reasons. There is no mobility component of attendance allowance. is not payable until the child is three years old.
    4. How a child is assessed
    The Part 2 form
    On claiming child disability payment (CDP), you are asked to provide information about different aspects of the child’s needs. This is known as Part 2 of the claims process (see here) and if you do not complete it, or do not complete it in time, you will be treated as not having made a claim.
    You provide the information using an online Part 2 form (if you started your claim online) or on a paper Part 2 form. You can ask Social Security Scotland (SSS) to help you complete the form by telephoning 0800 182 2222. The form is similar to a disability living allowance (DLA) form, but with more detailed questions about each daily living and mobility activity. You should complete it in the same way as a DLA form (see here).
    Timescales
    You usually have six weeks from starting a CDP claim to return the Part 2 form. The six-week period can be extended if you can show there is ‘good reason’ for the delay.1Reg 24(4) and (6) DACYP(S) Regs; SSS, Decision Making Guide: applying for child disability payment at paras 20-23, available at socialsecurity.gov.scot/guidance-resources/guidance/decision-making-guide If anything is preventing you from completing Part 2, ask for more time as soon as possible.
    Supporting evidence
    When you complete the Part 2 form, it is a good idea to enclose supporting evidence – eg, reports from a child’s doctor or other professionals, a letter from their teacher or somebody else who knows them well, and/or a diary of symptoms. Chapter 15 has more information about supporting evidence. Do not delay submitting the claim while waiting for evidence; it can be provided later by post or online at mygov.scot. However, note that if you do not provide requested information within the period allowed, you may get a determination (or a ‘process decision’) that you are not entitled to CDP.1ss38(1) and 54(1)-(2) SS(S)A 2018; SSS, Decision Making Guide: gathering supporting information for child disability payment, available at socialsecurity.gov.scot/guidance-resources/guidance/decision-making-guide You can challenge this (see here).
    If you are not able to provide supporting information yourself, you can ask SSS to gather this on your behalf. You are asked about this when completing Part 2.
    5. Decisions
    Getting a determination
    You get decisions about child disability payment (CDP) by letter. In the Scottish benefits system, these decisions are known as ‘determinations’.
    If you disagree with a determination about CDP, you can usually challenge it by making a redetermination request and then pursuing an appeal if necessary (see here). Note that there are deadlines for challenging determinations.
    If you challenge a determination, Social Security Scotland 1A Scottish government department that pays many devolved benefits in Scotland. (SSS) or the tribunal can look at all the CDP disability conditions again, not just the ones that you ask it to reconsider. This means that, following a redetermination request or appeal, an award could decrease, instead of increasing. It is usually best to get advice before challenging a determination.
    You may be able to get interim payments of CDP at the same rate as a previous award while a redetermination request is being considered and while an appeal is pending. This is known as ‘short-term assistance’ (see here).
    Length of awards
    CDP is awarded without a fixed end date. When making an award, SSS specifies a period after which it will review the CDP award. The length of this period should be based on whether, and how soon, a child’s needs are likely to change. If their needs are unlikely to change, the review period should be between five and 10 years long. SSS must make a new determination of entitlement after the review period ends (see here).1Regs 26 and 30 DACYP(S) Regs; SSS, Decision Making Guide: review periods for child disability payment, available at socialsecurity.gov.scot/guidance-resources/guidance/decision-making-guide
    SSS can reduce or stop the award earlier if it has grounds to (see here).
    6. Getting paid
    Child disability payment (CDP) is paid to the person who has made the claim on the child’s behalf, or to the child directly once they are 16.
    CDP is usually paid every four weeks in arrears. If the child is terminally ill, CDP is paid weekly in advance.1Regs 23(3) and 25 DACYP(S) Regs
    Note: it is possible for payment of CDP to be suspended (see here).
    7. Reviews and reassessments
    Scheduled reviews
    Social Security Scotland 1A Scottish government department that pays many devolved benefits in Scotland. (SSS), when it makes an award of child disability payment (CDP), specifies a review date when it plans to look at the award again and make a new determination on the child’s entitlement. SSS calls this a ‘scheduled review’. There is more information about how review periods are set on here.1Regs 26 and 30 DACYP(S) Regs; SSS, Decision Making Guide: review periods for child disability payment and scheduled reviews for child disability payment, available at socialsecurity.gov.scot/guidance-resources/guidance/decision-making-guide
    As part of the review process, you may be asked to complete a form and provide supporting evidence, similar to when you make a new claim for CDP (see here).
    Change of circumstances
    You should report all changes in a child’s circumstances to SSS as soon as possible. You can report a change by telephone or in writing, including online.1s56 SS(S)A 2018; report a change online at applications.socialsecurity.gov.scot/if-your-circumstances-change It can be preferable to report a change in writing so that there is a clear record of what you have said and when. It is usually best to get independent advice before reporting a change in a child’s health that you think might affect their CDP entitlement. If there has been a relevant change of circumstances, a decision maker looks at the award again and makes a new determination (see here).2Reg 31 DACYP(S) Regs
    Moving to Scotland
    If your child gets DLA and moves to Scotland from another part of the UK, you should notify the DWP 1The Department for Work and Pensions. A central government department that pays many benefits in Great Britain.. The DWP will notify SSS, which will make a determination of the child’s entitlement to CDP without you needing to make a claim. Entitlement to CDP begins the day after the DLA award ends.1Reg 35 DACYP(S) Regs
    Moving to adult disability payment aged 16–18
    A child who gets CDP must normally claim adult disability payment (ADP) before reaching 18 to avoid a gap between CDP ending and ADP starting. However, they can choose to claim ADP from as early as age 16. Get advice to help you and your child decide whether to claim ADP early. The entitlement conditions for ADP are completely different, and they may not qualify for ADP at all or may qualify for a lower award. However, they may also be better off claiming ADP – eg, if they do not have any night-time care needs but would be entitled to the enhanced rate of ADP daily living component 1Part of personal independence payment and adult disability payment paid if someone has difficulties with certain daily living activities.. You can use the information in Chapter 9 to work out their likely ADP entitlement and compare this with their CDP award. If an ADP claim is refused, CDP entitlement continues until the child’s 18th birthday (and they can try to claim ADP again before then).1Reg 4(1) DACYP(S) Regs - being refused ADP does not affect your award of CDP
    Ongoing evidence requirements
    If SSS is reviewing a child’s
    CDP award, or it thinks that their circumstances may have changed, it can ask you to provide further information.
    If you do not provide the information within the time limit SSS sets you to do so, CDP payments can be suspended.1s54 SS(S)A 2018; regs 26A-26F DACYP(S)Regs If you need more time to provide the information, contact SSS as soon as possible to request an extension.
    8. Child disability payment and other benefits
    Child disability payment (CDP) interacts with other benefits and tax credits in the same ways that disability living allowance (DLA) does. There are the same benefit cap 1The maximum yearly amount of benefits that someone can receive. Not all benefits are included and not all people are affected.
    exemptions for CDP as for DLA, and the same rules about Motability apply. See here for more information.