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Our BR Diary, from start to finish......
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Scarlett, your allowed to moan as you have good reason to do so.
Its horrid when your expecting one thing and get another ( i remember Christmas 1973..i wanted Buckaroo and got Ker-Plunk- could barely contain my tears and moped about for weeks:p )
This whole nightmare will come to an end but in the mean time you've got support and help here- imagine if you'd never found this site, you'd probably never even questioned any of these things:rolleyes:
Keep your chin up and try to weather the storm:AThe first time we said hello, was the first time we said goodbye. As the angels took your tiny hand and flew you to the sky-you forever left us breathless. RIP my beautiful granddaughter0 -
betterlatethannever wrote: »Scarlett, your allowed to moan as you have good reason to do so.
Its horrid when your expecting one thing and get another ( i remember Christmas 1973..i wanted Buckaroo and got Ker-Plunk- could barely contain my tears and moped about for weeks:p )
This whole nightmare will come to an end but in the mean time you've got support and help here- imagine if you'd never found this site, you'd probably never even questioned any of these things:rolleyes:
Keep your chin up and try to weather the storm:A
Lol @ the Buckaroo and Ker-Plunk saga :rotfl:
God, I can't even bear to think where we'd be now if I hadn't found this site :eek: I will always be forever grateful that we did.
Chin is raising slowlyYou can't control everything in life....... your hair was put on your head to remind you of that
Proud to be BSC no. 1030 -
Hope all turns out ok Scarlett, best wishes
dodecanese0 -
I've just caught up with everything....i'm a little stunned for you to be honest, dont worry though it'll get sorted
Keep your chin up
PhilWe all die. The goal isn't to live forever, the goal is to create something that will0 -
Re: the OR's comment about the BRO...
My theory on this is that with the sheer volume of people filing for BR this year maybe they simply haven't got the manpower/time to supervise BROs as well...he probably shouldn't have mentioned it (my guess is it's probably unofficial)...
There is a major review of the whole enforcement/BRO regime which is underway, with outside consultants being appointed.0 -
SAY NO !
The high court has ruled that child tax credit and child benefit are NOT included as income in an IPA. I have an e mail from the person who wrote that paticular part of the technical manual to prove it, as I asked the insolvency service to clarify it for me.
I would urge you not to sign the IPA if these benefits are included, also if DLA is included then it should be made clear to you that any IPA would be voluntary with no enforcement action should you fail to pay.
Best
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
debt_doctor wrote: »SAY NO !
The high court has ruled that child tax credit and child benefit are NOT included as income in an IPA. I have an e mail from the person who wrote that paticular part of the technical manual to prove it, as I asked the insolvency service to clarify it for me.
I would urge you not to sign the IPA if these benefits are included, also if DLA is included then it should be made clear to you that any IPA would be voluntary with no enforcement action should you fail to pay.
Best
DD
DD, thank you
When I said this to the OR, that CTC and CB were not to be included as income when working out an IPA he told me I was wrong and the reason I was wrong was because I had other income coming in too. Was he definitely incorrect there then?
Oh fret not, I'll be signing nothing and agreeing to nothing.You can't control everything in life....... your hair was put on your head to remind you of that
Proud to be BSC no. 1030 -
Hi, this is a post I did a few months ago..........
Hi ALL,
For some time I have been saying that child tax credit does NOT count as income for an IPA / IPO, and similar, and more widely understood, child benefit.
I have heard on our forum that CTC has been counted in a br's income for an IPA.
To clarify I contacted the insolvency service by e-mail and received the following reply from the individual who wrote that particular section of the technical manual
The reply, and my question is below;
Dear MrXXXXXX
My colleague XXXXX XXXXXX has forwarded your request (below) to me as I was responsible for drafting this chapter of the Technical Manual.
With regard to your query, the Technical Manual guidance at this paragraph is based on the High Court decision to exclude child benefit and similar benefits from any income payments calculation. The reasoning behind this decision is that, whilst the money is paid to the parent, it is designed to be expended on and for the direct benefit of the child. Child tax credits are treated in the same way as child benefit, as they are for the direct benefit of the child.
I hope this helps .
Yours sincerely
XXXXX XXXXX
Original Message
From: XXXXXXXXXXXXXXXXXXXXXXXXXX
Sent: xxxxxxxxxxxxxxxxx 2007 11:35
To: XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Subject: IPA's and IPO's
Hi XXXX,
Upon reading the technical manual I wonder if you could clarify the point made in 31.7.9 State benefits
This does not mean that the official receiver must exclude all benefit payments received by the bankrupt when calculating available income for an IPA. Theperson 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 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. 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.
Does the reference to " and similar benefits" refer to child tax credit as it is the only similar benefit that springs to mind
Many thanks for your time.
Best
XXX XXXXXX
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Best
DDDebt Doctor, Debt caseworker, Citizens' Advice Bureau .
Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***0 -
Thank you DD :T
In the event that the OR does come back to me with an IPA and HAS included those benefits, would you mind if I were to quote that reply that you received from the IS?You can't control everything in life....... your hair was put on your head to remind you of that
Proud to be BSC no. 1030 -
I queried the inclusion of Child Tax Credit with the IS the other day, and was told that it should be counted towards an IPA as long as there is a significant amount of income not comprised of benefits.
Plus, the most up to date version of the TM on the IS Intranet seems to have dropped the "similar benefits" part from that section. The public version available to us is out of date (which is nothing unusual).Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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