Courts deducting money from benefit

Legacy_user

When you go to court you have to fill in a means tested form which you have to sign if you are fined.This then allows the courts to deduct money from your benefit to pay the fine.
What i want to know is,have the courts got a legal right to take money out of my ESA benefit to pay the fine without permission.

Please can anyone guide me to the reference in law which states the courts can take a fine out of my ESA without my permission.

My conviction is still going through the Appeal process.

Horseunderwater

I think you will find that yes they can because you signed that form. However if you won the appeal I think they'd have to give it back.

System

Horseunderwater wrote: »

I think you will find that yes they can because you signed that form. However if you won the appeal I think they'd have to give it back.

Sorry if i have confused ppl,I only meant to explain that filling in this form is the usual procedure when going to court and getting a fine.
I have never given the courts permission to take any money out of my benefit,i never filled in or signed any form.

NYM

It appears that they can deduct fines from ESA...

.....If you get Income Support, Employment Support Allowance, Pension Credit or income-based Jobseekers’ Allowance, the Magistrates’ Court may be able to ask the DWP to take £5 a week direct from your benefit. If you are getting one of these benefits, make sure the court knows.....


https://www.newham.gov.uk/Pages/ServiceChild/Stage-5-How-do-I-deal-with-priority-debts-Magistrates-Court-fines.aspx#Mightitbebestifpaymentsaretakendirectfrommybenefit

System

My question was,can the courts legally take money out of your benefit without permission from the benefit holder?

Unless someone guides me to the reference in law (no one has yet) which states they can do the above,then it is legally wrong.

Tigsteroonie

Friend of mine (who I helped with the court stuff), she completed that income form and was only on benefits. She didn't have to attend court, pled guilty by post. She received a letter from the Court telling her the size of the fine and offering different methods of payment, one of which was deduction from benefit at £5/week. But she was given another form to complete if that was the way she wanted to pay, it wasn't automatic for her. [She didn't complete the form, her family paid the lump sum.]

NYM

blowfelt wrote: »

My question was,can the courts legally take money out of your benefit without permission from the benefit holder?

Unless someone guides me to the reference in law (no one has yet) which states they can do the above,then it is legally wrong.

Schedule 5 of The Courts Act 2003 allows deduction from some benefits..

Try this link

http://www.legislation.gov.uk/uksi/2008/3242/pdfs/uksiem_20083242_en.pdf

BillJones

blowfelt wrote: »

My question was,can the courts legally take money out of your benefit without permission from the benefit holder?

Unless someone guides me to the reference in law (no one has yet) which states they can do the above,then it is legally wrong.

That does not logically follow. The legality of a situation is not determined by whether someone on here deigns to look up the case law for you.

What are you being fined for?

fabforty

blowfelt wrote: »

My question was,can the courts legally take money out of your benefit without permission from the benefit holder?

Unless someone guides me to the reference in law (no one has yet) which states they can do the above,then it is legally wrong.

If you have legal representation, why don't you just ask them?


However, it would be a ridiculous situation if a person who has been lawfully convicted could escape paying a fine by simply refusing to give permission for it to be taken from their benefits. It happens to those convicted of benefit fraud all the time.

System

What was i fined for.
This is nothing to do with the information i am after.

NYM wrote: »

Schedule 5 of The Courts Act 2003 allows deduction from some benefits..

Try this link

http://www.legislation.gov.uk/uksi/2008/3242/pdfs/uksiem_20083242_en.pdf

It does not state the courts can deduct money from your benefits without the benefit holder's permission.It only all the courts to "make an application" to deducts money from benefits which then as to pass certain criterias before the application is successful.

If the court can deduct money from wages and benefit then why do they ask you to fill in a form,which you have to sign which then gives the courts power to deductions money from your wages or benefit.Btw,i got this adviced off a solicitor,this form is illegal.

I spoke to someone at DWP who told me the court can deduct money from benefits without benefit holder's permission.I then spoke to another person at DWP who then told me the opposite.I recorded both conversations and the second DWP person hung up when they realised i was recording them,who do i believe.

pleasedelete

blowfelt wrote: »

What was i fined for.
This is nothing to do with the information i am after.


.

Well i suppose it it was income generating such as prostitution or shoplifting you are in a stronger financial place as you have assets.