Disabled bankrupt and ruthless O.R.

debt_doctor

Hi,
As you have seen, the OR can take DLA monies in to account when calculating any IPA - but any IPA can only come from the non benefit income.
Now, whilst DLA monies can be taken account of - so can disability needs, that need to be paid for out of the DLA. If you used your DLA in this way prior to bankruptcy then these costs are part of your 'reasonable domestic needs'
If I were you I would inform the Insolvency Service that if they fail to take in to account the costs of your disability needs then you have been informed that they may be in breach of the Disability Discrimination Act 1995, now incorporated in to the Equality Act 2010. I challenge the Insolvency Service often - they won't want to fight on those grounds - valid grounds from your point of view.
You might also want to remind them that due to the above legislation, the Insolvency Service in DRO applications allow for DLA (and PIP) to go in as income and straight out again as 'care needs' without any accounting for how it is spent.
DD

Scooby99

Thanks Debt Doctor. That's the information I was looking for

Scooby99

The local CAB advice worker who specialises in debt finally contacted me.

She advised me:

1) The OR is unlikely to allow money for any holiday as an expense as a holiday is an extravagance

2) £300 a month for rent and bills to my parents will be classed as too high as if I moved out I could get housing benefit as I'm disabled. I would therefore have more money to pay the OR instead of paying rent to my parents.

I am doubting if this advise is accurate

debt_doctor

Scooby99 wrote: »

The local CAB advice worker who specialises in debt finally contacted me.

She advised me:

1) The OR is unlikely to allow money for any holiday as an expense as a holiday is an extravagance

2) £300 a month for rent and bills to my parents will be classed as too high as if I moved out I could get housing benefit as I'm disabled. I would therefore have more money to pay the OR instead of paying rent to my parents.

I am doubting if this advise is accurate

I'm afraid my 'colleague' demonstrates that she has no idea what she is talking about.
DD