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Child benefit now included in income for BR calculations

Lightattheend
Lightattheend Posts: 1,164 Forumite
Part of the Furniture 1,000 Posts Combo Breaker
in Bankruptcy & living with it
Just to let you know I've just had my chat with the OR and specifically asked about the inclusion of child benefit in the calculations for income/expenditure and surplus and he told me that within the last couple of weeks they have been informed they need to include the CB in the calculations. He said he understood it was because they include allowances for your child(ren) in the calculations already.
BR 08/06/09 ED 10/03/10
BSC member 250
«1

Comments

  • Madmonk
    Madmonk Posts: 507 Forumite
    Wow - thats news many of us didn't want to hear! It could throw a lot of soa up the swanny!
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    An examiner recently told someone that the guidelines had changed so that lump sum arrears of benefits received after your BR date could be claimed as an "asset".

    That turned out to be complete rubbish. :rolleyes:

    So.................
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  • KimYeovil
    KimYeovil Posts: 6,156 Forumite
    1,000 Posts Combo Breaker
    And not before time.
  • Lightattheend
    Lightattheend Posts: 1,164 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Fermi, he did mention that solicitors had been consulted and that they had said all benefits should now be included in calculations. But as you said....
    BR 08/06/09 ED 10/03/10
    BSC member 250
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just phoned the IS service and their take on it is if you have children then you should be showing outgoings for children which the CHB pays for ie activies, clothes, school dinners so you are showing your CHB is used.

    Will fire off an email later and see what the reply is. May also ring a couple of more times and speak to different advisors.
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • headoutofsand
    headoutofsand Posts: 939 Forumite
    KimYeovil wrote: »
    And not before time KEH.

    Where on Earth is Yeovil;)
    Better to be poor than a slave to wealth

  • The_Watchman_2
    The_Watchman_2 Posts: 100 Forumite
    31.7.9 State benefits
    April 2008

    The only exception to the inclusion of state benefits in an income payments calculation is where a bankrupt is in receipt of child benefit, which is not an income based benefit (unlike child tax credit, see above). The High Court has stated as a matter of public policy that child benefit should not be included in the statement of income when applying for an IPO and there is no reason why the same principle should not be extended to cover IPAs.


    They will have to get the High Court to do a U-turn on this statement first.
    They claim their labours are to build a heaven, yet their heaven is populated with horrors. Perhaps the world is not made, perhaps nothing is made?
    Its too late, always has been, always will be.
    Too late!
  • tigerfeet2006
    tigerfeet2006 Posts: 14,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Cheers m'dear :)
    BSCno.87
    The only stupid question is an unasked one
    Loving life as a Kernow Hippy
  • lifebeginsagain
    lifebeginsagain Posts: 71 Forumite
    The_Watchman wrote: »

    They will have to get the High Court to do a U-turn on this statement first.

    Can I just ask where that info has come from? just in case I need to quote it at my OR in the future:rolleyes:
    Finally Debt Free - April 2009
    2012 Challenge £2012 +/ £2012 - Did it:j
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lifebeginsagain wrote: »
    Can I just ask where that info has come from? just in case I need to quote it at my OR in the future:rolleyes:

    Insolvency service technical manual, chapter 31

    http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/
    Accept your past without regret, handle your present with confidence and face your future without fear
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