DLA and Debt Management Plan

SeaThreePeeO

I'm not sure if this is the right forum for my question and I apologise if I have got it wrong.

I am currently in a DMP with the CCCS and our ann ual SOA is up for renewal. Last year I was told my daughters DLA payments would be discounted as it was a benefit paid in truct to me for her specific needs.

However this year I have been told that this is no longer the case as the rules have changed and the most I would be able to use out of her award would be £100 and any left over would have to go towards paying our creditors.

I have contacted DWP and the DLA help line and they have both said that my daughters DLA should not be used in a DMP for my debts.

Could anyone confirm who is right? The CCCS or DWP and DLA?

Confused

Thanks in adavnce for any help.

babymoo

I can't see how they can take DLA as part of your income, you need it to look after your daugter. I don't have much advise on it if I am honest but perhaps put the question on the debt free wannabe part of the forum aswell they may know better.

Robbie64

It's up to the individual company whether they take DLA into account. There's no law that says they have to ignore it as income though I would like to think they would.

You may need to explain to them why it shouldn't be taken into account, i.e. it is paid to meet specific care or mobility needs.

Robbie64

Apologies, I've just noticed you said you are dealing with the CCCS. They normally discount DLA when working out your payments.

SeaThreePeeO

Thank you Babymoo and Robbie64 for your replies.

Last year they didn't take it into account but put a note on our SOA that my daughter's DLA was paid for her personal care and mobility needs. Only the man I spoke to yesterday to renew our SOA told me the rules had changed and kept asking me to justify why my daughter needs the amount awarded.

He said that surely we had good months regarding her care and therefore any left over should be paid to our creditors. When I said that her DLA went towards buying her special nappies, sanitary towels, paying for her fortnightly respite care, travel to respite and hospital appointments, replacing damaged clothes, bed linen, furniture, toys and for her special needs clubs he told me that wasn't the point.

At one point he made me cry as he made me feel I was lying about our finacial situtation as well as my daughter's care needs.

sproggi

When we set up our DMP, DLA was not taken into account. The end of last year, we were told that we should include DLA, when I questioned this, I was told that it was up to me, but some creditors might class it as extra income and not agree to the DMP.
What we do is list 2/3rds of DLA as disability related needs and the other 1/3rd goes towards the DMP. It is tight and yes, needs do vary from month to month, but the good months help towards the bad months, so balance out.
It really does seem to depend on which advisor you get as to how they view your situation, I have come across some that are very abrupt and unhelpful, but most are wonderful.

On the Debt-free wannabe board, there is a thread where you can ask cccs questions, try posting on there and see what they say.

https://forums.moneysavingexpert.com/discussion/2402327

Sproggi

SeaThreePeeO

Thank you Sproggi! I will try that.