Soa help?

2»

Comments

  • mistiforme
    mistiforme Posts: 33 Forumite
    edited 22 October 2010 at 7:36PM
    dojoman wrote: »
    DLA is included as part of your income.


    You include it as income but are allowed by the OR to off-set it against expenses

    At least that's what I was told by my OR

    The OR started off by telling me its was completly ring-fenced for my additional cost due to disability and still allowed me extra in my groceries for dietery needs

    Misti

    Sorry cross posted
  • dojoman
    dojoman Posts: 12,027 Forumite
    From the IS website.

    31.7.9 State benefits

    June 2009

    An IPA should not be sought where the bankrupt's only source of income is state benefit. In the context of this chapter "state benefits” refers to all forms of income supplement and support provided by central or local government including, but not limited to: income support, job seekers allowance, disability living allowances, incapacity benefit, council tax benefit, housing benefit, state retirement benefit, child benefit and all forms of tax credit (child, working and pension).

    The official receiver should not automatically discount the possibility of obtaining a contribution from a bankrupt who is in receipt of benefit. The person making the income and expenditure calculation (usually the examiner) should initially ascertain whether the bankrupt is also in receipt of non-benefit income. If this is the case, an IPA should be considered, the total income should be established (see other income sources at paragraph 31.7.7) including state benefits and the bankrupt's reasonable expenses deducted (see paragraph 31.7.19) to cover his/her reasonable domestic needs. An assessment can then be made as to whether the bankrupt has a surplus real disposable income. If an IPA is to be sought, the amount any payment should be less than the income from the source other than benefits. Examples of calculations can be found at Annex A. It should be remembered that whilst the bankrupt's total income (including state benefits) should be included in the calculation of surplus income, it is the income from sources other than the benefit(s) which is providing the payments under the IPA/IPO, which is why an IPA should only be sought from non benefit income.

    The Department of Work and Pensions website provides useful information regarding allowances and benefits currently in force and can be accessed at http://www.dwp.gov.uk/.
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • mistiforme
    mistiforme Posts: 33 Forumite
    edited 23 October 2010 at 2:12AM
    emos4607 wrote: »
    so, does it look ok?

    You should add to your expenditures the whole amount of your DLA as disability related expenses

    That is what I was told by the OR

    Misti
  • emos4607
    emos4607 Posts: 126 Forumite
    Hi,

    Thats really helpful - thank you so much.

    Yes, we're both BR, am going to fill in the paperwork and send it back this weekend.

    Fingers crossed!
  • dojoman
    dojoman Posts: 12,027 Forumite
    emos4607 wrote: »
    Hi,

    Thats really helpful - thank you so much.

    Yes, we're both BR, am going to fill in the paperwork and send it back this weekend.

    Fingers crossed!

    Hi if you are both going BR then you will have to do individual SOA`s.
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • dojoman
    dojoman Posts: 12,027 Forumite
    mistiforme wrote: »
    You include it as income but are allowed by the OR to off-set it against expenses

    At least that's what I was told by my OR

    The OR started off by telling me its was completly ring-fenced for my additional cost due to disability and still allowed me extra in my groceries for dietery needs

    Misti

    Sorry cross posted

    Totally agree with what you are saying, I only posted, as you stated that DLA is not included as income, but now all benefits are included although you can offset certain ones if possible in your expenses.
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    The best way of course it to list all the things the DLA pays for, then there can be no argument
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • emos4607
    emos4607 Posts: 126 Forumite
    This is what i'm confused about, the OR has ignored me completely and doesn't want an SOA from me too????.

    I'm wondering when we sent back the OH's, an IPOQ will then turn up for me too?.
  • dojoman
    dojoman Posts: 12,027 Forumite
    Don`t worry if they need anything they will ask for it, just try and relax now and see what happens, hope it works out well for you :)
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350K Banking & Borrowing
  • 252.7K Reduce Debt & Boost Income
  • 453.1K Spending & Discounts
  • 243K Work, Benefits & Business
  • 597.3K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.