Taking IPA Decision Back To Court

LittleMinx_3

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Ineedaname

The first thing that strikes me is you say your dad relies solely on benefits and pension for his income.

The rules are that the OR cannot take any surplus over and above earned income, so they cannot touch his benefits.

I'm not sure if pension payments come under 'earned' income as they are not benefits, but it may be that he shouldn't be paying into an IPA at all.

It's a bit quiet around here at weekends but hopefully one of the more experienced members with access to the rule book will be along tomorrow to answer more fully.

An additional thought though, as your dad is disabled, has he applied for DLA? That would help increase his income and again could not be touched by the OR. If you want to know more about this, message me privately so we can chat without taking this thread off the BR/IPA issue.

LittleMinx_3

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fermi

Links.

Income Payment Agreements/Orders.

• Income Payment Agreements & Orders
• Urgent news on IPA's - Changes for BRs after 01/12/2010
• Tech Man - IPO / IPA (Income Payment Orders and Income Payment Agreements) (IS)
• Nil tax (NT) coding/IPAs (MSE)
• Annex A – Assessment of real disposable income where the bankrupt's income is derived in part from state benefits
  Annex B - Guidance on the assessment of real disposable income where the official receiver seeks to claim a lump sum payment
• Income payment - Household spending spreadsheet
  Spreadsheet showing average UK spending calculated from the Office of National Statistics publication ‘Family Expenditure Survey’
• IPA calculator Pre 01 December 2010
• IPA calculator Post 01 December 2010

LittleMinx_3

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kepar

The problem is that the OR does not have to give the maximum on any allowance from either list. These are guidelines as many on here have found out. Your father should only claim for what he uses and not try to get the maximum on every allowance.

kepar

Another point, I know your father is disabled, but as he doesn't work can he justify having a car. I realise that the car isn't his but the OR if he/she doesn't feel it is warranted does not have to allow any of the allowances for it.

Also is you father claiming for all his allowances- haircuts/medical etc. Maybe if you posted up his SOA, we could see if there is something else that could be claimed.

debt_doctor

The car is being funded directly from the HRM (High Rate Mobility component of DLA), so presumably the only monies coming from the earned income would be fuel, which could well equate to the same amount as, for instance, public transport.

An SOA would be useful.

DD

dojoman

As DD says, post up his SOA, otherwise we are guessing and cannot give a definitive answer.

LittleMinx_3

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IF

Hi LittleMinx, when you post your father's SOA, do use the MSE one as its easier for other's to see and they will be able to help you quicker too.

MSE SOA Calculator - Click here Select the MSE format at the end. Copy and paste onto your thread.

Best Wishes
If...x