If I move home can I include this on my new SOA

Kerry511 · 29 March 2017 at 7:12AM

Hi guys

Just a quick question
Me, my husband and 5 children are moving home in about 6 weeks. We are moving house to meet the needs of our youngest child (has autism) .

Our current home is fully decorated and carpeted/flooring etc

But the new home has nothing in a very bad condition.

How would this reflect our expenditure? Would we be allowed to have spare money to decorate and put down carpets/curtains etc...?

Me and my husband are both bankrupt and will not be discharged till November. Children's ages are 14/12/11/8/2

We do not have a current IPA but have put in new claims for DLA (youngest child) and carers allowence for myself (given up work to care for child) At present we are not getting this money. But we should be in a few months. Which could help pay for the redecoratation........ once included in the new soa

Thank you guys xxxx

silvercar · 29 March 2017 at 4:28PM

If you don't currently have an IPA and your expenses will be going up, I can't see why you will have an IPA. If you are stopping work then you will have less money to go towards an IPA.

I doubt any DLA could be taken by the OR as it is meant for the needs of your child.

Safest way would be to look at your soa without the decorating and seeing if that will give you an IPA.

Kerry511 · 29 March 2017 at 6:05PM

Thank you for your reply......

I have not been working since bankruptcy, so my current soa is based on my husband working only and top up of tax credits. On current soa we have no surplus, no holiday fund, no emergency fund, no child funds for her disability......

New soa (currently in process of writing) is based on husbands wages, tax credits, plus the new income from carers allowance and child's dla.
which now includes a holiday fund and emergency fund, plus all currently allowed expenditure and have changed all the new rent and council tax etc.....
After all that we are left with £30 a week. But we have a whole house to decorate, carpet, flooring, curtains, moving costs etc......

I have stated on new soa that:
Child disability: £**
so all that she is awarded goes directly on her and to meet her needs! I hope this will be acceptable as her needs are so complex.

Would we be asked to pay all of the £30 a week towards an IPA?
In total we have 26 weeks left till discharge (so half way) which would total to £780....... it would cost even more than this to do up the house etc! So even if they left us with the £30 a week, we would need to use our emergency fund too! In order to make the house just about decent/livable

How would I put this to the OR? Would I just state I need the surplus for house decoration or explain I am moving?
I can send proof/pictures etc and possibly get a letter for our paediatrician/occupational health if required.....

Thanks again

luvchocolate · 29 March 2017 at 6:28PM

Thats £130 a month surplus, make your point clear about the house move and good luck I hope you manage it.

silvercar · 29 March 2017 at 7:35PM

I have stated on new soa that:
Child disability: £**
so all that she is awarded goes directly on her and to meet her needs! I hope this will be acceptable as her needs are so complex.

That should be fine, it isn't for the OR to dispute what the state has said a disabled person needs.

New soa (currently in process of writing) is based on husbands wages, tax credits, plus the new income from carers allowance and child's dla.

Whereas the OR can't take from your carer's allowance he can take from your husbands earnings. I would be arguing that the carer's allowance is for the extra costs in looking after your child, but I'm not 100% sure that is untouchable in itself and that an OR may require you to allocate it to expenditure as it is an income substitute.

which now includes a holiday fund and emergency fund, plus all currently allowed expenditure and have changed all the new rent and council tax etc.....
After all that we are left with £30 a week.

I'm not sure the holiday and emergency fund would all be allowable, it may depend on the OR.

In total we have 26 weeks left till discharge (so half way) which would total to £780....... it would cost even more than this to do up the house etc!

This is wrong. If you get given an IPA it is for 36 months and during that 36 months you need to report any change in circumstance. It isn't a case of 26 weeks at all.

How would I put this to the OR? Would I just state I need the surplus for house decoration or explain I am moving?
I can send proof/pictures etc and possibly get a letter for our paediatrician/occupational health if required.....

I don't know if there are rules on this. If you get a tough OR, he/she may decide that any money on decorations etc is depriving creditors of some payback and not allow it.

You only need to report changes to the OR within 21 days of them occurring. This is generally taken to mean within 21 days of actually receiving the extra money. Is it possible to set things up so that your claim only goes through in time for the money to be paid 21 days before discharge? Otherwise you could end up with a 36 month IPA.

Kerry511 · 29 March 2017 at 7:36PM

Thank you luvchocolates

I am hoping the same, I know £130 pm is alot of surplus.
Not even sure if I should get quotes and divide it by 12 etc or just give the OR an estimate for all......
£130 will probably do a room a month at a push... it's an awkward situation to be in, especially being mid way through bankruptcy!

I will wait till I have moved, recieved the newly applied for benefits and then get quotes.

From there I guess I will write up the soa and send all to the OR and hope for the best. Even if they allow me something towards doing the house.

Does the state of a home and its living condition fall under "general domestic need"?

Thank you for commenting :-) xx

Kerry511 · 29 March 2017 at 7:52PM

Thank you silvercar

I was given similar advice (as yourself has given) from debt-doctor

I see what your mean about the 36 month IPA. Don't know what I was talking about (as I am aware it runs for 36 months) :-(

We have already taken from our "put aside pot" that we were saving for, for up coming bills Like the car maintenance. We had to take from these pots to pay towards our child's care cost. As we were getting no help financially (so had no choice) as I gave up work about a year ago to care for her. It has got to the point that our income is not covering our expenditure with our daughters care needs. That's why I had to claim DLA for her. I could however put off claiming carers allowance until after discharge.

Then adding that to the fact that we have to give up a fully decorated and maintained house, to move to a better environment for our daughter and a much needed garden! It's just such a shame it's in a terrible state (otherwise I could just make do) .......

I will add a holiday fund and emergency fund depending on wether I actually claim the carers allowance. If I don't claim it until after discharge, then I will not put those expenses in as I would be able to afford them. But I would love a little rest bite. I love my daughter but being a full time carer is so hard. But I could wait longer (it is not as important as doing the house up) .......

Thank you so much.

I will take everything on board :-)

If I move home can I include this on my new SOA

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