BR and DLA back payment

Woody76

Hi everyone

Hope everyone is well. I wonder if anyone can help. My husband has just been awarded dla and has been told he is getting a back payment of approx £600. :jI know we have to inform the OR of the dla payment but does anyone know will they take his back payment?

His esa payments stopped in april which is why we tried for dla on the suggestion of dwp as didnt know he could claim it. For the last couple of months since going BR in April we have worked with a negative income and expenditure due to him recieving no money so can this back payment be used by us to put towards our expenditure?

Any help would be much appreciated

Woody xxx

IF

Hi Woody, I'm not a 100% sure tbh but hoping you can keep it. Bumping your post up the board.

If...x

Depth_Charge

Woody76 wrote: »

Hi everyone

Hope everyone is well. I wonder if anyone can help. My husband has just been awarded dla and has been told he is getting a back payment of approx £600. :jI know we have to inform the OR of the dla payment but does anyone know will they take his back payment?

His esa payments stopped in april which is why we tried for dla on the suggestion of dwp as didnt know he could claim it. For the last couple of months since going BR in April we have worked with a negative income and expenditure due to him recieving no money so can this back payment be used by us to put towards our expenditure?

Any help would be much appreciated

Woody xxx

Hi

If the DLA had been in payment under the normal weekly payment rates as it will be from now on then it would have not been taken towards any IPA.

Says it all as far as I am concerned.

Always best to inform the O/R but no way should this money be taken in my opinion.

I would definitely challenge the O/R on any request or decision ohtherwise.

Info on IPAs etc

http://www.bis.gov.uk/insolvency/personal-insolvency/income-payments-orders-and-agreements#8

tigerfeet2006

Unfortnatley I think the OR can take it as an asset. Let me do some digging around and see if I can find a thread about it

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Hi

O/R tech Manual & we are talking about DLA

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/part3/part_3.htm#31.7.44

tigerfeet2006

Cheers DC. That's brilliant :j

Debt Doctor is pretty good at writing letters for this sort of thing so I've PM'd him to ask him to look at this thread and hopefully he can help with what to say to the OR to get the best result.

Depth_Charge

tigerfeet2006 wrote: »

Cheers DC. That's brilliant :j

Debt Doctor is pretty good at writing letters for this sort of thing so I've PM'd him to ask him to look at this thread and hopefully he can help with what to say to the OR to get the best result.

Hi Tigerfeet

Yes, good stuff

The dreaded DLA debate again!

Sure you know what I mean:)

tigerfeet2006

Yup!! indeedy

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tigerfeet2006 wrote: »

Yup!! indeedy

Hi

Oh no, not again....pleeease:)

Woody76

Thank you everyone for the replies

If anyone can give any further clarification that would be good. When husbands esa was stopped it left us with a negative soa and thid dla has only been back dated 8 weeks so really just the money we originally thought we would have. When we sent in our soas my husband still was recieving esa and based on those figures (which were £20 more weekly) we werent on an ipa. I advised the or during this interview his payments had been stopped the week prior to that and she said as I could top up with overtime as long as we didnt go over the limit of just over £1800 monthly that was fine and didnt need to tell them. If we did just tell them and they would see if they needed any of this money. So my thought was this was just amount that was considered initially as fine with no ipa so hopefully ok to keep.


I hope he can keep the payment

Woody xx