Partner's income, Benefits and Child's DLA with IPA Calculations

Croney82

Hi all,
I've been a long time reader but first time poster!

I have found this forum in particular to be an invaluable tool for finding information or at least links to information.

I was declared BR on the 11th May.
Had my OR interview on Tuesday (The most terrifying part for me). during the interview we went through my SoA (which incidentally I don't have a copy of, took 3 copies to court assuming 1 for the court, 1 for OR and 1 for me, but was never given 1 back and didn't make an extra copy at the time)

anyway, I do remember putting on the form that my partners contribution to the household was £500 a month, all of her income is benefit based and I'm wondering if anyone can answer a few questions I have before I speak again to the OR as she "can't complete the calculation until she has FULL details of my partners income?!!"

My partner receives the following:

Child Tax Credit
Child Benefit
Carer's Allowance
and
DLA for one of our children (High rate Care, Middle Rate Mobility (I think))

all of these total about the same as my earned income approx 47% of our monthly income, however she has her own bills to pay, (Credit card, catalogue company, store cards etc. which leave her £500 to pay towards the house, which is what I disclosed.)

My Issue comes to the DLA which in my opinion should not be counted at all in the IPA calc as it is solely to be used to ensure a better quality of life for our son, he has Aspergers and the money pays for things like drumming lessons, gymnastics, sensory toys / arts & crafts and replacing things he has broken (but can't / won't function without)

Sorry for the long winded post just trying to set the scene!

I guess y real question is, is the DLA going to be counted as household income?
I have read that in IVA and DMP it is, but is immediately offset as an expense also, but cannot find any info regards BR, only for DLA belonging to the bankrupt themselves.

if it is included how am I going to justify these things to the OR when to an outsider they look more like an extravagance than a NEED! but believe me they are needed!

also is the OR going to deduct my partner's monthly payments from her income before adding her income to the household pot?

when I was talking with the OR she said if I didn't give full details of my partners Income she would be assuming 50% and going for £600 IPA, I seem to remember on my SoA I had an excess of £4.

any help much appreciated!

Dan

HappyMJ

Your partner might get the child tax credit and child benefit into her account but it's actually household income...you split it 50/50. Confusing but a well written SOA with benefit income should show enough expenses to cover any of your earned income and all of the benefit income received into the household.

The carers allowance will most probably be her only personal income and her personal contribution to the household therefore very minimal. The DLA will also be joint household income and there should be enough reasonable additional expenses in the SOA to cover the payment such as extra costs of travel....or whatever costs you have.

tigerfeet2006

I always used to put DLA down and then put sons/daughters disability on the form and a figure the same as the DLA amount. It is your son's disability income and SHOULDN'T be counted.

Please ask your OR for a breakdown of the SoA as he sees it.

Croney82

Thanks for the replies,

I understood that the CTC would be joint income, none of the ohters have my name/NI number involved in the claims.
Why should DLA be classed as joint income when it is specifically given for my son who has been proven to have a genuine need for the money?

Thank you Tigerfeet, that is my opinion on the matter, do you believe the OR will accept a "Disability Expense" that matches the DLA then?

alastairq

The OR will have to.

Remember, an IPA is an agreement.

Not a draconian imposition!

Therefore, if a BR believes the IPA figure is incorrect, then gather one's evidence, and do not agree.

debt_doctor

Hi,
I would do as suggested in that DLA would be put in as income and the same amount taken out as 'care needs'. I would do that whether the DLA (or PIP) was for an adult or a child.
I tend to prove my point when challenged by the following;
Other organisations that disregard DLA as monies to be used other than directly for a persons undefined disability needs..........


The Insolvency Service - The DRO unit in the disposable income calculation allow DLA to be placed in as income and to allow the exact amount out as care needs, with no breakdown as to how this is spent.


The DWP - Means tested benefits are unaffected by DLA (does not count in Income support, JSA, Housing Benefit etc.)


I also tend to point out that to use a calculation method that has the effect of reducing the amount of monies available to a disabled person may be an infringement of the Disability Discrimination Act.


DD

tigerfeet2006

What DD said

debt_doctor

tigerfeet2006 wrote: »

What DD said

I do go on a bit don't I !!

tigerfeet2006

Nope! you are extremely helpful and informative and an asset to the board.

Croney82

Thanks guys, DD you talk alot oif sense and give the reasons to back it up, thanks alot!

owlet

Have you asked the OR to send a copy of the forms? I would definitely do that. Explain that you thought you would get a copy back & didn't. You really need your SOA at least.