Child Disability Payment queries: FOI release

Information requested

1. The policy and/or guidance relating to changing of responsibility for a child in receipt of Child Disability Payment.
2. The policy and/or guidance relating to backdated payments for a child in receipt of Child Disability Payment.
3. The policy and/or guidance relating to circumstances where two parents/persons who are attempting to claim for a child in receipt of Child Disability Payment, including the criteria for how it is decided/determined which person/parent should be deemed as the primary carer or responsible person thus the application be changed into that person’s name.
4. The policy and/or guidance relating to someone continuing to receive payments when it is clear they should not be, and the entitled child is not benefiting from those payments.

Response

Some guidance relevant to your request is published in our decision making guide.

Specifically, this part of the guide relates to an applicant being responsible for a child.

I have also attached a document with the relevant internal guidance which relates to your request. Under each question I have given the relevant guidance, some information may be included twice as it relates to several different questions within the request.

This has been copied from an internal knowledge management system and as such may not be formatted correctly in all circumstances. For ease of reading, each of your questions are in bold and underlined, and below each question is the relevant guidance.

With regards to the fourth request regarding payments being made to someone that is no longer entitled to them, our teams are currently reviewing and developing finalised guidance on dealing with this type of scenario and cases are dealt with on a case by case basis.

Where the guidance references legislation this can be found published online at the links below:

• Social Security (Scotland) Act 2018 
• Children (Scotland) Act 1995 
• The Disability Assistance for Children and Young People (Scotland) Regulations 2021 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

202300348573_Information for release

File type

29 page PDF

File size

241.2 kB