IVA and DLA payments

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Hi

I have been on a DMP for the last 14 months, successfully.

However, recently my income has decreased and I am now going down the IVA route due to timings left to fully settle.

I am the full earner within my household, wife and 2 children and all living expenses are covered through my wage.

We have recently been awarded DLA for 1 of my children - this goes into my wife's account.
Will this 'income' have to go into any IVA budget/plan when the payments are for care of my childs additional needs?

Thanks in advance

Comments

  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    DLA is disregarded as income in Insolvency.

    If they were to insist on it’s inclusion, your care costs would be of an equal amount in your expenditure.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Willing2Learn
    Willing2Learn Posts: 6,294 Forumite
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    Hi,

    I have always believed that DLA is meant for your personal health related costs only, does not count as income as it is purely to cover your extra costs that you incur due to your health and should not be used to pay down debts. I am not an expert though, so I could be wrong. Sorry.

    Anyhow, I just thought I would post a link of something for you to read. It is an article from DebtCamel. It specifically refers to DLA and an IVA.
    Should I use DLA / PIP money to pay debts?

    Edit: I took so long reading and typing. Sourcrates has beat me to it lol :)
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • Vita_Brevis
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    I have a similar situation and wonder if someone could clarify the position for me.


    I am two years into an IVA and we have just started receiving DLA for my daughter and it is also annual review time. The IVA is in my sole name and the DLA is in my husband's name.


    The article linked above suggests it's my choice whether or not to include it in the review, is this correct? My daughter is autistic and the expenses it will cover are largely intangible, especially as we have only just started receiving it. It will enable us to do/purchase things we have been doing without until now but they won't necessarily be fixed or regular expenses.


    Secondly, if I do have to declare it, can I just offset it with 'miscellaneous care & support expenses' to the same value and provide no documentary evidence? I'm worried that the weight that's been lifted by the DLA award is going to immediately be offset by having to send a chunk of it to the IVA, which seems unfair on my daughter.


    Thanks in advance.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    I have a similar situation and wonder if someone could clarify the position for me.


    I am two years into an IVA and we have just started receiving DLA for my daughter and it is also annual review time. The IVA is in my sole name and the DLA is in my husband's name.


    The article linked above suggests it's my choice whether or not to include it in the review, is this correct? My daughter is autistic and the expenses it will cover are largely intangible, especially as we have only just started receiving it. It will enable us to do/purchase things we have been doing without until now but they won't necessarily be fixed or regular expenses.


    Secondly, if I do have to declare it, can I just offset it with 'miscellaneous care & support expenses' to the same value and provide no documentary evidence? I'm worried that the weight that's been lifted by the DLA award is going to immediately be offset by having to send a chunk of it to the IVA, which seems unfair on my daughter.


    Thanks in advance.


    See my post (2) above for clarification.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Vita_Brevis
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    Thanks for replying. I saw your post but it doesn't directly answer my question - it says it's disregarded, but not how I report it to the IVA supervisor or whether I need to report it at all, which is what I wanted clarification on.


    So I don't need to include it in the annual review then? Or I do, but put an added expenditure of 'miscellaneous care and support expenses' to offset it? And if I do, will they require proof?
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    You should report it as i assume your payment is based on household income, this is what debt camel has to say about it :


    You need to discuss your disability expenses in detail with the Insolvency Practitioner (IP) you are talking to. This is not like discussing your debts at a Citizens Advice Bureau – the person you are talking to at the IVA firm is unlikely to know much about benefits or disabilities – they aren’t going to prompt you for things you might have forgotten because they don’t know enough about the area.
    Too many IPs seem to start off by assuming that the standard guidelines for expenditure should apply to all families. It may help if you have a think about your additional costs before your phone call and make some notes to work though.
    You need to think about things which you and your family do that wouldn’t be needed if it weren’t for the disability. A few examples:
    • Your utility costs may be high, but electricity powers your wheelchair, your electric bed, your hoist etc and the heating has to be on a lot.
    • Your IP may not think that you need to take your autistic son swimming several times a week, but you know that being in the water is relaxing for him and lets him work out the stress that being at school tends to induce.
    • Your IP may think your expenditure on hairdressers is excessive, but your arthritis prevents you from washing your own hair, etc.
    Although there are standard guidelines for acceptable expenses in an IVA, there is no reason why your expenses can’t be higher than the guidelines and additional expenses can be included if there is a good reason for them.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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