Disabled bankrupt and ruthless O.R.

Scooby99 · 22 October 2016 at 2:31PM

I went bankrupt a few weeks ago due to credit cards from online gambling. My interview with the OR was worse than I thought it would be.

The national debtline didn't include my Disability Living Allowance as income but the OR does. She didn't seem to believe that disabled people have to get taxis due to disabled needs. She also didn't understand about sometimes having to have someone accompany you. I basically spend my DLA money on how it is intended to be spent. I've never come across this before but I felt it was like disability discrimination.

If she comes up with an IPA can I contest it without going to court.

I came out of hospital last week and am on aspirin for a suspected T.I.A. plus I've got a degree of double vision so my mobility costs have gone up. I feel I'm completely at the mercy of a ruthless OR and could do with some help.

alltaken · 22 October 2016 at 2:39PM

The OR will know that the court will not grant an IPO derived from state benefits including your DLA. You were likely 'challenged' in the hope that you would agree an IPA, it is totally your choice when your income is derived of state benefits and DLA, no obligation at all.

Scooby99 · 22 October 2016 at 2:45PM

Is there a link to information on this. When I challenged her on this she didn't say it was my choice she said DLA was included. I also get ESA and Income Protection Insurance so my income isn't totally state benefits.

A4445 · 22 October 2016 at 5:15PM

I was on ESA and an income protection plan when I was made bankrupt and wasn't subject to an IPA. I did have spare money but it seems they can't take money from benifits or so I was lead to belive. The OR just stated they were not looking at an IPA, it seems they didn't even do an income and expenditure report.

alltaken · 22 October 2016 at 5:25PM

https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch25-36/Chapter31/part7/part3/part_3.htm

alltaken · 22 October 2016 at 5:30PM

It would appear that the disability payments are exempt, but as you point out you have other income, the other income that is not state benefits will be assessed for an IPA, the simple way to tell the OR that you don't have any disposable income is that it goes on essentials such as rent, food, pets etc etc.

When you submitted your statement of affairs did you have a surplus?

Scooby99 · 23 October 2016 at 9:51AM

Thanks. It does say there though that "State benefit income to be included where bankrupt also receives non benefit income"

The problem is they dont seem to believe I spend all the DLA money on what its supposed to be spent on. They seem to be saying any DLA money they think is 'spare' should be spent on rent etc instead of mobility and care needs.

The IPA cant be more than what I get in non state benefits but if they didnt include DLA as income I wouldnt have to pay any IPA

silvercar · 23 October 2016 at 10:14AM

Scooby99 wrote: »

Thanks. It does say there though that "State benefit income to be included where bankrupt also receives non benefit income"

The problem is they dont seem to believe I spend all the DLA money on what its supposed to be spent on. They seem to be saying any DLA money they think is 'spare' should be spent on rent etc instead of mobility and care needs.

The IPA cant be more than what I get in non state benefits but if they didnt include DLA as income I wouldnt have to pay any IPA

You need to show the DLA as going to meet your extra needs to cope with your disability as part of your necessary expenditure.

Phrase it in a way that makes it very clear that it is meeting those needs alone as specified when you were granted the DLA.

To be clear, you need to show the DLA as income and the expenditure from spending this money in your SoA. Make clear that this is approved expenditure.

sourcrates · 23 October 2016 at 2:06PM

Also the fact that DLA can be stopped, in an instant, at the DWP`s discretion, and not re-instated for months on end.

Is your benefit income more than your income from other sources ?

Do you work at all ?

Scooby99 · 23 October 2016 at 10:54PM

I have an indefinite award of DLA. I don't work due to multiple health conditions. I get ESA, DLA and Income Protection Insurance. My benefit income is double the income from other sources. I only get £370 a month that is not from benefits and its my Income Protection Insurance.