Our BR Diary, from start to finish......

fermi

Scarlett.1974 wrote: »

Thanks Fermi, I'll have a good read through those threads now

Good. I only had a chance to have a look at a few of them, so I'm not sure how many are useful.

But it's often useful to go there and use the search function when you have a problem. That site has been going longer than this one, and there aren't many problems that haven't happened to one person or another there.

gambit_2

Scarlett, I couldn't believe it when I saw your post. I have been trawling the forums since I read it and have found this post by 'savagevixen'. I don't know if is an use to you.

DLA is not a grey area at all. It is absolutely not included. I did not even have to put it on the forms. The money is for my son. It is his money I receive it as he is too young.

"This does not mean that the official receiver must exclude all benefit payments received by the bankrupt when calculating available income for an IPA. The person making the calculation (usually the examiner) should first consider whether there is income paid to the bankrupt not comprising state benefit . If this is the case, an IPA may be a possibility, and any calculation of income should include all available income, including state benefits which are paid to an individual for the general benefit of that individual and their family. The notable exceptions to this rule when dealing with state benefits are disability living allowance (which is not considered by the Department of Work and Pensions to be income) and child benefit. The High Court has stated as a matter of public policy that child benefit and similar benefits should not be included in the statement of income when applying for an IPO and there is no reason why this point should not be extended to cover IPAs. Whilst it is acknowledged that in the figures for expenditure there may be outgoings for the benefit of the children, at least to the value of the child benefit received, to ensure that there is no risk of them being deprived of it, child benefit should not be included in IPA assessments. The Department of Work and Pensions website provides useful information regarding allowances and benefits currently in force and can be accessed at http://www.dwp.gov.uk/"


This is taken from
http://www.insolvency.gov.uk/freedom...rt2/part_2.htm

Vix

Scarlett.1974

Thank you Gambit

The link from that post doesn't seem to work though unfortunately. I'll go and have a look around the Insolvency website though and see what I can find. I think it would be better for my argument (if I need to) if I can say "please refer to this....... from the Insolvency Website" etc.....

fermi

Hi gambit.

Yep. The DLA and child benefit should not be included, but this examiner seems to think otherwise.

The CTC is a bit of a grey area.

I quoted that extract in the the previous page of this thread. You must have missed it.

The IS has changed the location of that page since savages thread/post, and it can now be found here:

Link: IPAs Assessment of Real Disposable Income

The index of that section is here: Introduction to IPA's and IPO's

Scarlett.1974

Hi Fermi,

I can see where is says about Child Benefit NOT being included in this:

"The notable exceptions to this rule when dealing with state benefits is child benefit. The High Court has stated as a matter of public policy that child benefit and similar benefits should not be included in the statement of income when applying for an IPO and there is no reason why this point should not be extended to cover IPAs"

but I can't anywhere at all that says that DLA should not be included either.

However, this paragraph might well prove very helpful:

"It should be remembered that whilst the bankrupt's total income including state benefits should be included in the calculation of surplus income, it is the income from sources other than the benefit(s) which is providing the payments under the IPA/IPO, the surplus income from which an IPA is sought should not be comprised of state benefit."

Because once my change of hours come into effect I'll be taking home approx £400 per month only.

fermi

I see what you mean Scarlett.

The latest version(s) of that paragraph have had the references to DLA removed.

It is now:

Scarlett.1974 wrote: »

"The notable exceptions to this rule when dealing with state benefits is child benefit. The High Court has stated as a matter of public policy that child benefit and similar benefits should not be included in the statement of income when applying for an IPO and there is no reason why this point should not be extended to cover IPAs".

Whereas it used to be:

gambit wrote: »

The notable exceptions to this rule when dealing with state benefits are disability living allowance (which is not considered by the Department of Work and Pensions to be income) and child benefit. The High Court has stated as a matter of public policy that child benefit and similar benefits should not be included in the statement of income when applying for an IPO and there is no reason why this point should not be extended to cover IPAs.

Scarlett.1974

Hmmmm, they seem to have changed it then for some reason

I can see on the debt questions forum lots of people saying that DLA is not to be inlcuded, but I just can't find any evidence of this on the IS website.

I think maybe the paragraph above about the IPA being calculated on income that is not benefits is going to be my best argument.

gambit_2

Sorry for jumping in there. Aw, I thought I'd found the answer. (Very naughty of them to have taken the words out though).

Poor Scarlett, you must have thought it would be over by now.

fermi

gambit wrote: »

Sorry for jumping in there. Aw, I thought I'd found the answer. (Very naughty of them to have taken the words out though).

Don't apologise! We now know where the source of the confusion over DLA is from.;)

Scarlett.1974

gambit wrote: »

Sorry for jumping in there. Aw, I thought I'd found the answer. (Very naughty of them to have taken the words out though).

Poor Scarlett, you must have thought it would be over by now.

That's exactly it gambit and that's what I'm so fed up about

<woe is me> We've been to hell and back these last few months and I really felt like today would be the end, the final stage of this journey. But it isn't. It isn't the end and I still feel like it's hanging over us, not yet finalised. I feel unsettled. </woe is me>

Sorry for moaning on, I know I need to just buck up and get on with it and see what happens now. But this has really knocked me back today, I wasn't expecting it and I'm not dealing with it terribly well.

I'll cheer up soon, promise