Disability living Allowance

Bigyin_3

My two children are awarded DLA at the higher rate, I am about to apply to go B/R will this be taken into account for an IPA? and as the older child will be 16 before the 36 month and the DLA will be paid to him how will this affect me?
My wife recieves carers allowance for our children will she lose this?

We also get family tax credits will this be taken into account also?

I am messing myself at the thought of this and all because I lost my job earlier this year, thankfuly I found another but as we have built up arrears and our outgoings are now more each month than before as i had to take a much lower paid job and we have to move about 350 miles and cant sell the house that is now in negative equity etc and the building society will not let me re-mortgage as I don't earn enough now to buy my own house back,we have had enough and are throwing the towel in..

Sorry to sound so negative but I like most of the People on here have worked hard all my life since I left school and never missed a single payment on anything then this Credit Crunch comes along and you lose everthing! Great.

That feels better so if anyone can give me some pointers that would be great.

Thanx in advance x

blind-as-a-bat_2

If the award for DLA is to your children it may pe paid to you as there carer, but it is not your income so i would not even include it on your I&E

As for WTC and CTC these are classed as income im afraid.

hanvic

hi bigyin

just read your post. my heart goes out to you and your family. it will pass. you don't appreciate your strengths till you are tested.

can't offer any advice but just knowing there are people out there who understand and who can help, like this forum, i have found strengthening and hope you do too.

in my thoughts

hanvic

minimad1970

Hi
The WTC and CTC will be taken into account but not the carers allowance or DLA.I receive these payments and found this out for definite when I had my interview with the O/R. Hope this helps.

fiveyearplan

Hi Bigyin - you're right, you work hard all your life and it just goes to show how uncontrollable things can become. You'll get through this just as we all have. It does make you realise whats important in life.

Post up any questions that may come to mind.

North_East_Derbyshire_CAB

Bigyin wrote: »

My two children are awarded DLA at the higher rate, I am about to apply to go B/R will this be taken into account for an IPA? and as the older child will be 16 before the 36 month and the DLA will be paid to him how will this affect me?
My wife recieves carers allowance for our children will she lose this?

We also get family tax credits will this be taken into account also?

I am messing myself at the thought of this and all because I lost my job earlier this year, thankfuly I found another but as we have built up arrears and our outgoings are now more each month than before as i had to take a much lower paid job and we have to move about 350 miles and cant sell the house that is now in negative equity etc and the building society will not let me re-mortgage as I don't earn enough now to buy my own house back,we have had enough and are throwing the towel in..

Sorry to sound so negative but I like most of the People on here have worked hard all my life since I left school and never missed a single payment on anything then this Credit Crunch comes along and you lose everthing! Great.

That feels better so if anyone can give me some pointers that would be great.

Thanx in advance x

Hi Bigyin ( & anyone in the same position)

Your childrens DLA should NOT be taken into account for an IPA / IPO and neither should any DLA paid to adults for that matter.

Blind as a Bat makes a fair point with regards to DLAs inclusion on the I/E sheet, however if all income is put down then it can / may avoid any possible confusion with the O/R examiner etc at a later date.

As a rule we would always advise that all income is put down on B/R forms with DLA payments fully offset in the expenditure section with no need for an itemised breakdown of what DLA is spent on (that it our position).

If you have any doubts or worries on completing the I/E section on a B/R petition you should seek advice & assistance before your hearing, take your time there is no need to rush anything.

If you have any problems with the O/R with regards to DLA payments and IPA / IPO get advice before signing anything as issues such as this CAN be challenged.

Wishing you and your families all the VERY best in these difficult times.

PS You will be fine, keep posting, the support on here is as good as it gets.

NED-CAB

blind-as-a-bat_2

North_East_Derbyshire_CAB wrote: »

Hi Bigyin ( & anyone in the same position)

Your childrens DLA should NOT be taken into account for an IPA / IPO and neither should any DLA paid to adults for that matter.

Unfortunatly, that is not stated in the OR tech manual anywhere i can see, so while i am not disagreeing with you that it should not be counted, i doubt some examiners will disregard it as they are not told to directly in the OR tech manual.

In fact this paragraph implies it is counted in a calculation for an IPA in my view

taken from http://www.insolvency.gov.uk/freedomofinformation/technical/casehelpmanual/I/IncomePaymentsAgreements.htm

An IPA should not be sought where the bankrupt’s only source of income is state benefit payments. It is unlikely that where a bankrupt’s income solely comprises state benefits any surplus will arise, the exception to this is where the bankrupt is in receipt of non-means tested benefits, such as Disability Living Allowance.

Blind as a Bat makes a fair point with regards to DLAs inclusion on the I/E sheet, however if all income is put down then it can / may avoid any possible confusion with the O/R examiner etc at a later date.

As a rule we would always advise that all income is put down on B/R forms with DLA payments fully offset in the expenditure section with no need for an itemised breakdown of what DLA is spent on (that it our position).

If you have any doubts or worries on completing the I/E section on a B/R petition you should seek advice & assistance before your hearing, take your time there is no need to rush anything.

If you have any problems with the O/R with regards to DLA payments and IPA / IPO get advice before signing anything as issues such as this CAN be challenged.

Wishing you and your families all the VERY best in these difficult times.

PS You will be fine, keep posting, the support on here is as good as it gets.

NED-CAB

Obviously it will depend on other sources of income, and in theory a higher expenditure can be expected for needs arising from the disabilaty, but IMO it is open to abuse which is why, as it is not awarded to the BR in this case, therfore not part of there income, it should not be mentioned on the I&E, purly because its not the BR,s income, and including it in the BR,s I&E would almost certainly result in it being included in the IPA calculation, be that right or wrong, because i dont believe some examiners will understand its not the BR,s income.

You could mention it in the other information section though, cllearly stating the award is to the children, not the parents, so is not part of the parents income

North_East_Derbyshire_CAB

HI BAAB.

Thank you for your response.

We have had a careful read through your post and have taken points from it.

We are familiar with the para you have quoted from the Tech manual and the one that follows regarding enforcement.

We know of clients interviewed by the O/Rs office where voluntary payments have been mentioned by examiners in these circumstances and would say this could be described as a grey area.

You would like to think that all examiners would know, understand and follow 'lets say' a similar' ish procedure in this area.

As a result of your post and others we aim to look into and hope to clarify this area further in the meantime we would fully stand by our last post and have no problem with it being quoted at any O/R office or to any examiner.

Yours sincerley

NED-CAB

blind-as-a-bat_2

Thanks Ned, the question of DLA does seem to be grey, and does need defining as an exempt source of income in my view, as it is payed to meet the extra need of the claiment, but if that claiment is in employment, as many disabled are, they would/could be penalised for recieving it by it increaseing there surplus into the area of an IPA.

My wife was in reciept of DLA, untill recently, as she fell victem to the so called clamp down, even though it was agreed last time and her medical report stated her condition was permanent, and would if anything only get worse. But due to other reasons she refused to contest the discision, but thats another story, and another future battle maybe when she feels up to it.

But as it was/is looking like she may have to go BR in the future i have looked at how DLA is treated and it is at least implied it does go into IPA calculation.

If i read it like that so will/could an examinor, so any help you or CAB as an organisation can give getting it clarified (hopefully exempted the same as CB, as you indicated in your previous post you believed it was/should be) would be great