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Rent rebate UPDATE

jay09
Posts: 28 Forumite
Just a quick one if someone can help please.
Went BR last week and have OR interview tomorrow. I applied for a rent/council tax rebate at the end of last year and only today i have found out i have got it. I have also received a back dated payment but obviously it is untouched in the bank account.
My question is can the OR take some or all of the back dated payment?
Went BR last week and have OR interview tomorrow. I applied for a rent/council tax rebate at the end of last year and only today i have found out i have got it. I have also received a back dated payment but obviously it is untouched in the bank account.
My question is can the OR take some or all of the back dated payment?
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Comments
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Hi,
Back dated benefits do not vest in the trustee. The money is yours to keep.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Insolvency service techy manual...........
31.5.17 State benefits
In the majority of cases state benefits will not vest in the trustee. The Social Security Administration Act 1992 section 187 provides that benefit as defined in the Contributions and Benefits Act 1992 section 122, any income related benefit or child benefit shall not pass to any trustee or other person acting on behalf of the beneficiary’s creditors on the bankruptcy of the beneficiary. In practice this definition of benefits is wide enough to cover all benefits likely to be encountered, excluding only "Old Cases" benefits. "Old Cases" benefits are allowances and benefits payable in respect of industrial diseases and workmen’s compensation under the Workmen’s Compensation Acts.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Thanks for your help:)0
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Well just had my face to face OR interview and went fairly well.
Only problem is was that the rent rebate which i received is to be taken.
Can i take this any further or is it just a case of what the OR says goes?0 -
Show them this............
31.7.10 Arrears of benefits received post bankruptcy
(August 2009)
Occasionally, where a bankrupt is in receipt of benefits he/she may receive arrears of benefit payments as a post bankruptcy receipt (prior to discharge). Where this happens, because state benefits are excluded from the bankruptcy, the arrears of benefit (including tax credits ) cannot be claimed as a vested asset because they are state benefits. It may however be possible to claim the monies under the income payments provisions of the Insolvency Act by agreeing a single payment agreement with the bankrupt as a voluntary contribution.
N.B. official receivers must ensure when dealing with arrears of benefit in this way as a voluntary contribution, that the payment does not represent an overpayment, which has been paid to the bankrupt post bankruptcy and which can be recovered after discharge in specific circumstances.
Tell them you are NOT volunteering - it is YOUR money.
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0
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