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 bankruptcy postbag for july
 whats taken into account

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T O P I C    R E V I E W
rachellxx39 Posted - 29 July 2008 : 16:14:34
Hi in the process of going bankrupt, can you tell me if tax credits , disability allowance are taken into account when OR works out if you need to pay money each month for a ipa.
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John Posted - 29 July 2008 : 19:08:39
Hi Rachel
In theory if a person qualifies for benefits then common sense says that their income, if they have one, is insufficient to live on. One could therefore deduce that if the benefits only bring you up to a level of basic affordability then you cannot have any Disposable Income.
In practice it's not that simple when it comes to the OR considering IPA/IPO payments.
The SoA asks for the details of all benefits and allowances. I have always assumed that benefits and allowances are listed first and therefore that particular proportion of your income will be clearly insufficient to warrant an IPA/IPO.
However, if the household incomes are then added and the sum total takes you above the OR's considerd threshold, then he will propose an IPA the payments for which would then, technically, come out of income not benefits or allowances.
Unfortunately its a case of one government dept paying you as you don't have enough income and another taking it away as they deem it more than is required.
Sod's law!!!

Assisting where I can.
Needafriend Posted - 29 July 2008 : 17:13:01
Hi Rachel
I was wondering that one, i am not 100% sure. Maybe someone in the know like Assist may be able to answer that one.
Pretty please, if anyone knows as i am in the same situation with income.
Jo

"Lifes too short, Grab it while you can, Make each day count and live life to the full. Dont Worry- Be Happy!"


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