No Interview and got IPA Today

restofmylife

debt_doctor wrote: »

Originally Posted by debt doctor
Hi, thanks for the PM.

In my area, childs DLA is not taken in to account as income in the calculation of an IPA. Now of course we all know how OR's vary accross the country, and the tech manual is not much help re DLA, especially for children.

So they can include it if that is he rule in my area? It should be the same in every area, but OR's interpret the rules in different ways, poor interpretation needs to be challenged. Just because the manual is vague on DLA doesnt mean they can count it.

Your examiner has already made a glaring error re the child benefit. She has already written to you accepting your expenditure

Do you think as she has done the above that she couldn't reduce allowances or try to make my OH put in a bigger contribution? She could try it, but she has already accepted your outgoings earlier, and gas and elec are far too low. Who is she to tell you how much your home should cost to heat and power. I pay £ 130 for gas and elec for a small 3 bed end house, cavity wall insulated and double glazed.

My argument would be that DLA is a benefit granted to the person with the disability, to enable them to enjoy a quality of life that otherwise may well be denied to them. This money is not awarded for the benefit of someone's creditors, and the denial of such funds may well amount to disability discrimination.

Agree fully, it's for my son and if she comes back with a bigger IPA because I have seemed to "annoy" her I will challenge it.Good !

Dla is not counted by the government in many means tested benefits such as income support, housing and council tax benefits. It is also not counted by the courts when assessing payment of court fees.

Thanks I didn't know that. It also doesnt count in Debt relief orders either.

Now you might 'annoy' your examiner by knowing more about IPA's than she does, but thats not your problem. They are there to be challenged if neccessary, i'm sure there are many IPA's out there that should never be or are far too high, and OR's DO have targets and bonuses for IPA's.

Its up to you how strongly you want to push this, but my advise is as always, if your not happy with your IPA then dont sign it, and be prepared to go to court.

Thanks, she allowed me £84 for Gas and Electric for a family of 4 and I didn't challenge it (I have bills to prove it is more like £150) so if she comes back without reducing IPA or eve increasing it above is exactly what I will have to do.

http://www.direct.gov.uk/en/Disabled...hts/DG_4001068

Good luck.

DD

Many thanks you have been a great help:T

restofmylife

Hi All,

I have still heard nothing since last week Thu and now got a letter that my sons DLA is increasing by £20 a month, should I just contact OR giving this info and see what happens?

blind-as-a-bat_2

restofmylife wrote: »

Hi All,

I have still heard nothing since last week Thu and now got a letter that my sons DLA is increasing by £20 a month, should I just contact OR giving this info and see what happens?

No, you only need to report an increase in your income, and as everyone has said your sons DLA is not your income, so you are not duty bound to report it;)

restofmylife

Thanks:) I rang her anyway not telling her about increase in DLA but asking when I am going to hear if I get IPA or not, she has passed to another dept to check things out said the lady was off this week so she would definately get back to me next week about it. Seemed more pleasent today on phone so fingers crossed I get the result I want!!!

restofmylife

Hi All,

As title says I got a reply today saying my IPA will be reduced from £173 to £78, they have not included CB but are still including DLA. Letter is as follows;

I have been informed that an Income Payments Agreement (IPA) does still apply to your case in bankruptcy.

Thank you for pointing out the inclusion of Child Benefit, this is not included but having sought clarification the DLA for your son is included if these payments contribute to the general household expenses.

An Income Payments Agreement at £78 per month has been calculated and paper work will soon be sent to you by a colleague of mine

UNQUOTE

In all honesty I think above is fair enough as I said in my first post it is better than paying £1100 per month on my debts that I could not manage. Overall they have been fair with my household allowances considering they accepted such a low OH contribution (£500 - he earns £1200 which they did question) as he has his own debts. I am so greatful to all who have answered this post over past few weeks you have saved me £95 a month for next 3 years:T:T:T as I would never have questioned had it not been for the lovely people on here.

Thanks and a large glass of wine for me tonight:beer:

mighty_reds

:j:j:j:j:j:T:money:

blind-as-a-bat_2

restofmylife wrote: »

Thank you for pointing out the inclusion of Child Benefit, this is not included but having sought clarification the DLA for your son is included if these payments contribute to the general household expenses

Wrong, i would not accept that at all as it is disregarded/canceled out in a DRO even if it is YOUR DLA.

We are not talking bout your DLA here though


Sorry but they are trying it on as far as im concerned, but im not the one who would be fighting it, you would, so i understand you may not wish to take it further.

Im sorry i cant be more positive, and i am glad for you, but that discision is still wrong.

It is not your income, it is not paid to you for your benefit, it certainly is not paid to you for the benefit of your OR:rolleyes:

Yes they may have been genourous in some areas, but not enough to warrent counting it

restofmylife

blind-as-a-bat wrote: »

Wrong, i would not accept that at all as it is disregarded/canceled out in a DRO even if it is YOUR DLA.

We are not talking bout your DLA here though


Sorry but they are trying it on as far as im concerned, but im not the one who would be fighting it, you would, so i understand you may not wish to take it further.

Im sorry i cant be more positive, and i am glad for you, but that discision is still wrong.

It is not your income, it is not paid to you for your benefit, it certainly is not paid to you for the benefit of your OR:rolleyes:

Yes they may have been genourous in some areas, but not enough to warrent counting it

Thanks you have been brill but I am too stressed/tired to fight it anymore:o xx

debt_doctor

Hi,

If your happy with that then thats great - you certainly took them on. I agree with Blind regarding the DLA decision, but its how you feel that counts, and I think overall you are happy - well done !:T

DD

restofmylife

Thanks Debt Doctor

Yes I am happy with the decision and feel I have fought as much as I can - now to get on with the rest(of my debt free)life:T:T:T:T