| T O P I C R E V I E W |
| anne.or |
Posted - 14 June 2010 : 16:46:40
does the official receiver take DLA into account for income I am only on benefits |
| 7 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 15 June 2010 : 18:09:39
ok, the official advice for this changed last year which is why you have a miss match in answers, some from the old rules some from the new.
Chesters advice is correct, they take all incomes in to account when you working out your surplus. this includes all benefits that the bankrupt receives including DLA. Remember also that if you are receiving DLA then you must have some care costs which will also be on your expenses list.
The surplus must come out of the non benefit part of the income. If the surplus is bigger then the non benefit part then the non benefit part will be used rather than the surplus for determining the IPA.
Here the IS has provided several examples of how this is worked out
http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/Annex%20A.htm
The only point i would disagree with chester on is the voluntary contributions. This certainly used to be the case but was always ill conceived, and last year they decided that they would no longer ask for voluntary contributions |
| chester2005 |
Posted - 15 June 2010 : 15:36:19
you can get an IPA whilst on benefits but it cannot exceed the amount of non benefit income you receive.
if solely on benefits no IPA/O
if the OR sees you have lots of DI and you are solely on benefits he may ask if you voluntarily wish to contribute towards your debts but there is no requirement to do so.
this would be a voluntary IPA quite different from a normal IPA which if you refuse they can pursue you for an IPO
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
| chester2005 |
Posted - 15 June 2010 : 15:32:36
a quote from the insolvency service technical handbook.
31.7.9 State benefits
June 2009
An IPA should not be sought where the bankrupt's only source of income is state benefit. In the context of this chapter "state benefits” refers to all forms of income supplement and support provided by central or local government including, but not limited to: income support, job seekers allowance, disability living allowances, incapacity benefit, council tax benefit, housing benefit, state retirement benefit, child benefit and all forms of tax credit (child, working and pension).
check it out yourself at
http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/part2/part_2.htm
it is quite clear that all income is considered and an IPO should not be sought if all income is from benefits
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
| Daniel Griffiths |
Posted - 15 June 2010 : 13:56:24
Usually if the income is soley benefit income with receipt of DLA an Income Payments Order is not enforced but an Income Payments Agreement can be agreed by both parties |
| Karen Jane |
Posted - 15 June 2010 : 10:42:31
Hi
When I declared in September 09, most of my income was from benefits income support, housing benefit, child tax credit and child benefit, I also receive child maintenance and my OR said that he would have to go away and look at my I & E to see if there was room for an IPA, so in light of this I think you can get an IPA whilst on benefits it just depends on any other income that you may have coming in.
Karen xx |
| Jane.l |
Posted - 15 June 2010 : 08:26:28
This contradicts this advice
http://www.iva.co.uk/forum/topic.asp?whichpage=1&TOPIC_ID=29994#288484
wonder which is the correct one? |
| chester2005 |
Posted - 14 June 2010 : 16:54:24
hi and welcome to the forum
yes the OR takes into account all benefits means tested and non means tested ie DLA
however if you are solely in receipt of benefits then no IPA will be sought regardless of your DI
Dave
Don't worry or know that worrying is as effective as trying to solve an algebra equation by chewing bubble gum.(Baz Lurhman)
RevivaUK and Paul Johns helped me through it all i can't recommend them enough!! |
