Bankruptcy Income Payment Order and loss of Housing Benefit

fermi

debt_doctor wrote: »

Thanks for that Fermi, my thoughts are that 1) The DWP have no idea how to approach this subject and 2) The OR has to ensure that the BR is left with enough funds to meet the domestic needs of the BR and his/her family, so if DWP insist on reducing income via housing benefit then no IPA on NT tax code.

From following through some of those links, it seems a few OR's have come to a similar conclusion, and have adjusted NT payments to compensate.

That's nice, but they wouldn't need to do that if DWP could engage a braincell in the first place.:rolleyes:

I'll be interested to hear if you make any headway with this.

Thanks DD.

debt_doctor

Thanks and quite right Fermi, brain cells are scarce in the DWP I could tell you some things ......................................... !! but they have to be challenged and thats my job, hence the interest.

Let you all know how we get on

DD

debt_doctor

Give this quote to your local council ( not DWP ) from the cpag welfare benefits handbook.

Chapter 38 What counts as income for means tested benefits ( which housing benefit is )

" Income will only count if it is paid to you for your own use, and will not count if you cannot prevent it being paid to a third party."


DD

maxmycardagain

and they wonder why folk duck, dive and tell porkies....

debt_doctor

This is on the Birmingham city council website regarding income for housing benefit. These rules are NATIONAL not local.


http://www.birmingham.gov.uk/GenerateContent?CONTENT_ITEM_ID=51900&CONTENT_ITEM_TYPE=0&MENU_ID=5054
What do you count as income when you work out my benefit?
We count

• Most Social Security benefits (we ignore Disability Living Allowance and Attendance Allowance)
• Child maintenance over £15 per week
• Works pensions
• Wages

We don’t count the first

• £5 of the money you earn each week, if you are single
• £10 of the money you earn each week, if you are a couple
• £20 of the money you earn each week, if you are disabled
• £25 of the money you earn each week, if you are lone parent

In some cases, if you are working full time, we may be able to ignore £15.45 of your earnings in addition to the above.
In some circumstances, we ignore money you have to pay for childcare costs.
We count the money you earn from work after deducting tax and national insurance and half of any money you pay into a pension fund.
These are just a few examples. If you have any other kind of income, you can check how we’ll treat it by visiting any Neighbourhood Office (you many need to make an appointment) or by telephoning the Benefit Service on 0121 464 7000 during office hours, or Cont@ct Birmingham on 0121 303 1111, 8am to 8pm.

Best

DD

Chazpots

Thank you all so much for your kind messages and advice. The OR has today told me to cancel the payment to CW for March. This is good news, we have a chance of survival next month! They will not commit on what to do about the arrears. The council cannot find anything in legislation that will support our case. I therefore have to appeal on a point of law...or lack of it. I could be here some time eh? Have an appointment with local CAB next friday. Still cannot get my head around how this bankruptcy has left me with another DEBT!!! Want to fight this all the way.... how many others will be faced with this???? It's good to find people on our side.

Chazpots

Have found this within the HB Guidance. Not sure wether it applies becuase my partner is in paid employment. Hope this link works.

http://www.dwp.gov.uk/housingbenefit/manuals/hbgm/parts/ptbw_02c.asp#b_w2840

scaredwitless32

Pure madness chazpots, I hope you get it sorted!

betterlatethannever

I agree SW, it is madness.

I hope you get a good result and please keep us informed Chazpots

debt_doctor

Here are some more quotes to take with you to CAB and your council.

Guide to housing and council tax benefit 2007. by Zebedee,Ward and Lister.
13.26 Income and capital. " The income tax payable on any type of income,even income not listed anywhere in this guide, is disregarded in the assessment of that income"

Employed earners 14.15 "If the claimants actual gross earnings were used, any income tax or class 1 national insurance contributions actually paid ( or made from them ) must be deducted from those earnings"

Also take the earlier quote from CPAG welfare benefits handbook. Both the CAB and local authorities use both books for guidance.

Best

DD