How would the OR know?

Just a random one that seems to crop up but never answered.

If discharged and on an IPA and you receive some overtime and a bonus but your actual salary doesnt increase then how would the OR/ CW know about it if you dont declare it?

Do they have access to your year end earnings through the tax office?
Do they contact your employer to find out?
Are they dependent on the persons honesty when filling out an SOA?

I am certainly not recommending hiding anything from the OR and i am not speaking form experience but just wondered what powers they can throw at you?

Thoughts?

Comments

  • Jaypsarticus
    Jaypsarticus Posts: 31 Forumite
    edited 12 September 2018 at 8:14PM
    This is a little ambiguous too


    Section (a) Employment and self-employment

    31.7.33 Bonus payment by employer

    Where a lump sum bonus payment is received prior to bankruptcy, any sum remaining at the date of the bankruptcy order will vest in the bankruptcy estate as “cash at bank” and can be claimed as an asset in the normal way. Where a bankrupt is in receipt of earned income, and a bonus or overtime payment is received by him/her post bankruptcy, this should be considered as income within the terms of IA86 section 310(7) and included in any income payments calculation. Bonus income can be claimed via an IPA, either as a lump sum (in the same way as pension lump sum payments are claimable, see paragraph 31.7.52) or incorporated into monthly payments. If a bonus is paid to the (former) bankrupt whilst an IPA is already in force, the IPA may be varied to claim the bonus, including where the bonus is received after discharge. As with all income calculations, the bonus can only be claimed in circumstances where the bankrupt otherwise has sufficient funds to meet their reasonable domestic needs, see Annex B & Annex C for example calculations which illustrate this.

    This statement only suggest that a bonus should be declared and no word of overtime( blue paragraph) for Former BR and discharged but if post BR ( red paragrath ) its states Bonus and overtime???
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    First Post First Anniversary Combo Breaker
    Hi Jaypsarticus,


    When someone goes bankrupt they agree to cooperate with the process and inform the OR of any change in circumstances, including any changes to their income. I appreciate the above paragraph in blue only refers specifically to a bonus, however, I would not say that this section of the technical manual actually splits into two separate parts. The paragraph does refers to overtime so I would read it to say that any overtime or bonus needs to be declared and needs to be reported, which could cause a IPA to be varied.


    Failure to cooperate in bankruptcy can become serious. The OR will send a warning letter first if they feel someone isn't cooperating, and if this continues they can launch an initial investigation. They can seize your post and/or find you in contempt of court. This can result in a fine or even imprisonment. There is more information in the technical manual about this - https://www.insolvencydirect.bis.gov.uk/technicalmanual/Ch13-24/Chapter13/part1/part_1.htm


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Hey Laura.

    Thanks for your reply and I agree with all you have formally stated but it still ldoesnt really answer the original question.

    If you made your IPA payment every month then why would they think you are not cooperating ?
    I know BR has a legally and a moral demand to inform of any change but what if they it didn't?

    What would initiate them to think you are not cooperating ?
    If you don't tell them about said change to income and continue you to pay your IPA then that should be that really as your still cooperating ? My question is can they do spot checks to think you are being uncooperative?

    Again.... this isn't an action I am doing / intend to do but I read people terrified about declaring a bonus or the odd day overtime and giving away the money they have sometimes had to do ( compulsory overtime) ?

    Thoughts
  • The OR does indeed have access to your year end tax statement.
  • Ahhh ok. Then it all makes sense again. Gardner , What do you make of the statement above? it does not say that discharged People with an IPA have to declare overtime - only bonuses? Do you agree with Laura or is this another loop hole? I know that you do have to declare it but someone could easily misread that statement and use it as a reason not to declare OT?
  • I will always say you should inform the O.R.
    Its the right thing to do but at the end of the day its up to you.
  • I totally agree LuvChocolate! I am just interested in the facts. I have spoke to some people who have had an IPA and continued there lives as normal - working overtime for holiday / home improvments / clothes etc with no repercussions and then i have spoke to people who inform the OR that they have earned an extra £80 that month and could they use it to get there children some new clothes and been told no as they have it in there budget (£20 a month or something?) its very demoralising i suppose but i am of the opinion that its only for 3 years and your debt free!! Like i say, its interesting. another theory i have read is that if your case is passed to the LDADT then you are shelved and forgotten about and to let sleeping dogs lie and keep your payments up to date but as Gardener has stated they can check your P60 and if you have earnt more than you stated you will be flogged publicly at dawn :-)
  • Irrespective of whether its a bonus or OT - it will show on your tax records so its kind of academic.

    Just because an I.S. technical document is in the public realm, doesn't mean it was intended to form part of the formal guidance given to BR's. Its meant to guide the OR and any misinterpretation of it by a BR - innocent or otherwise, if of no concern to them.

    Misinterpreting a document not designed for your benefit, won't stop the OR asking for the money if they find out about an increase in income.

    With Insolvency - honesty can only ever be the best policy :)
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