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Bankruptcy, Student Bursary & IPA
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LouCompMSE
Posts: 5 Forumite

Hello,
Both myself and my husband are about to file for personal bankruptcy after losing our business last year and incurring debt from personal guarantees.
We are currently receiving approx £1500/month in Universal Credit as well as £170/month Child Benefit. My husband is not working at the moment due to having back problems and he has been classed as Limited Capability for Work although not receiving any extra benefits for this.
I am currently completing a full time PGCE and am receiving a £15,000 bursary which is paid in 10 instalments of £1500/month Sept-July. As I started the course late, I received the first 2 payments together so have just received £3000 in a lump sum.
I am also eligible for a Student Maintenance loan which I wasn't going to apply for but was advised to by my UC work coach as if I am eligible, they will deduct it every month regardless of whether or not apply for it.
I have worked out our budget and our current outgoings are approx £3090 but I have included things like saving for holidays/Christmas/birthdays etc so I don't know if this would be included in the reasonable living expenses?
I really want to avoid an IPA if possible as I don't want to be stuck in a repayment plan for 3 years when my situation is likely to change again once I finish my studies.
I spoke to someone at Citizens Advice and they said my bursary and maintenance loan will not be classed as income however when looking online, it seems that the bursary will be?
With this in mind:
- do you think it is likely I will be entered into an IPA?
- is the OR likely to take some of the bursary off me as I have received £3000 in one go?
Thank you
Both myself and my husband are about to file for personal bankruptcy after losing our business last year and incurring debt from personal guarantees.
We are currently receiving approx £1500/month in Universal Credit as well as £170/month Child Benefit. My husband is not working at the moment due to having back problems and he has been classed as Limited Capability for Work although not receiving any extra benefits for this.
I am currently completing a full time PGCE and am receiving a £15,000 bursary which is paid in 10 instalments of £1500/month Sept-July. As I started the course late, I received the first 2 payments together so have just received £3000 in a lump sum.
I am also eligible for a Student Maintenance loan which I wasn't going to apply for but was advised to by my UC work coach as if I am eligible, they will deduct it every month regardless of whether or not apply for it.
I have worked out our budget and our current outgoings are approx £3090 but I have included things like saving for holidays/Christmas/birthdays etc so I don't know if this would be included in the reasonable living expenses?
I really want to avoid an IPA if possible as I don't want to be stuck in a repayment plan for 3 years when my situation is likely to change again once I finish my studies.
I spoke to someone at Citizens Advice and they said my bursary and maintenance loan will not be classed as income however when looking online, it seems that the bursary will be?
With this in mind:
- do you think it is likely I will be entered into an IPA?
- is the OR likely to take some of the bursary off me as I have received £3000 in one go?
Thank you
0
Comments
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I'm inclined to think it will not be touched, though I can't see it specifically in the guidance
https://www.gov.uk/guidance/technical-guidance-for-official-receivers/35-income-payment-agreements-and-orders
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There are three different things, first whether the bursary will be taken into account I haven't come across one of these and I am not sure. And the second is whether if it is, you will have money spare for an IPO after taking into account your reasonable domestic needs, presumably you must be paying for some childcare? And the third is what happens when the PGCE ends and you hopefully get a job next September. You may need to pay an IPA from them as its withing your first year before you are discharged, in which case the sooner you start paying an IPA the better as it gets the three years over with quicker.0
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Thank you. I have looked at the guidance and can only see:
35.44 Student loan income
Where a bankrupt is in receipt of a student loan this is not income and cannot be included in any calculation of surplus income [Teaching and Higher Education Act 1998, section 22].
but I think this just refers to a loan rather than a bursary/grant.
Also, I have seen that I won't have to pay council tax until next April which will save £218/month - will this saving be taken into account for an IPA? But then what happens in April when I have to pay it again?
I am going to ring Citizen's Advice again today and maybe get the ball rolling, I'm just so scared of it all that I keep putting it off.
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