Can I spend it?

blind-as-a-bat_2

I read all that as they cant have it they even specify

Any arrears of benefit claimed in this way should not include any child tax credit benefits.

so i think its a no they cant myself

Thanks for your input Fermi

fermi

blind-as-a-bat wrote: »

I read all that as they cant have it they even specify

Any arrears of benefit claimed in this way should not include any child tax credit benefits.

so i think its a no they cant myself

Thanks for your input Fermi

Yep. I missed that last bit scanning it through.

I'm not paying proper attention today.

The Social Security Administration Act 1992 that you quoted means that state benefits cannot be claimed in bankruptcy.

SuziQ

It does seem very unfair-if the ctc had been paid at the right time it wouldn't exist now!

Izabel

Sorry so I've got this right, they can not have this money ... is that right?

If Iam supposed to be allowed to keep the money, how do I go about this without annoying them?

The explanation I was given from the OR was that as I hadn't received it I would have just incurred more debt so should pay it back ... but I didn't realise I was entiltled to it so that's not strictly true.

blind-as-a-bat_2

Izabel wrote: »

Sorry so I've got this right, they can not have this money ... is that right?

If Iam supposed to be allowed to keep the money, how do I go about this without annoying them?

The explanation I was given from the OR was that as I hadn't received it I would have just incurred more debt so should pay it back ... but I didn't realise I was entiltled to it so that's not strictly true.

Hmmm that sounds like they just made that up to me as it makes no sense, and as the above shows is irelevent anyway.

As for your comment

If Iam supposed to be allowed to keep the money, how do I go about this without annoying them?

You probebly cant as they dont like being told there wrong, but they clearly are so tuff.

We can only supply the info for you to fight it im afraid but if the OR is wrong you must find the courage to use it

Maybe give one of the debt charitys or benefits people a ring, they may be able to A -confirm we are right B-help you deal with it.

Although you may have to persevere to get to speak to someone who knows the act well enough to help

blind-as-a-bat_2

The explanation I was given from the OR was that as I hadn't received it I would have just incurred more debt so should pay it back

Ive re read that a few more times and all i can say is if they can prove that then they can claim that, which of course they can not

Its a load of hollocks IMO

Izabel

Thank you.

When I asked how should I go about it, do I write or call and should I send the documents quoting that I should be allowed to keep it?

I can't see how that's fair, I had no idea I was missing it ... so won't of spent it

blind-as-a-bat_2

Izabel wrote: »

Thank you.

When I asked how should I go about it, do I write or call and should I send the documents quoting that I should be allowed to keep it?

I can't see how that's fair, I had no idea I was missing it ... so won't of spent it

I think it might be best to put it in writing to be honest as i think they may start quoting more rubish to be honest

I think you have enough above to be able to word it

Izabel wrote: »

I can't see how that's fair, I had no idea I was missing it ... so won't of spent it

And i agree its a non starter as arguments go and bears no resembalance to the official documentation does it

tigerfeet2006

BAAB and Fermi you are absolute bloomin' stars :beer:

Izabel

Thank you for all your advice.

I was explaining the situation to my partner and he was concerned, if we did challenge the decision and there are not happy, how difficult can they make things for us?

We've had a budget agreed although I'm sure the OR has already changed it a bit, my partner earns quite abit of overtime and they aren't really sure the best way to set up a IPA. They've decided to use the average earnings I think, still waiting for the paperwork.