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| T O P I C R E V I E W |
| Diane.43 |
Posted - 26 May 2011 : 22:33:43
Both myself and Husband recently bankrupt, both depressed and stressed,about to do an IPA with OR,can i claim for my daughter who is 20 & grandson 11 months old just moved in with me she is on benefits but does not contribute to the household but i buy food for them both will OR take her into consideration? |
| 9 L A T E S T R E P L I E S (Newest First) |
| Julie.Jules |
Posted - 02 June 2011 : 15:59:04
We are in a similar situation to Diane. Our daughter and her 2 young children moved in with us 6 weeks ago now following our daughters brain haemorrhage and because she was fleeing from her abusive husband.
I have had to give up my job (a loss of £1300 per month) to care for the 3 of them as my daughter is needing help with walking, bathing etc and will do for some time to come.
We had just got started in our IVA but have no option now but to go bankrupt and our IVA company are helping us with this. Our daughter has no income apart from her child benefit at the moment - we are applying for various benefits for her but these are taking weeks and weeks to get sorted out so there is no way she has been able to contribute to our household. I am trusting that the OR will take this into account if our bankruptcy hearing happens before the benefits agency get their acts together!!! I can totally understand how stressful you feel Diane - I am normally a very strong person but the situation we are in at the moment has to be one of the most stressful and worrying times of our lives.
I wish you and your family the best of luck and hope the OR deals with your case sympathetically. x |
| xmas baby |
Posted - 02 June 2011 : 12:54:12
Hi Diane,
Sorry to hear of your troubles. I would very much doubt the OR would accept that your daughter is not contributing anything towards her living costs, but spends her benefits on herself and going out. Obviously this puts you in the difficult position of having to support her child and all that entails financially, but I still think the OR will expect your daughter to contribute something rather than just allowing you the extra income for food costs.
I could well be wrong, so you should speak to the OR and explain the situation and take it from there.
Good luck
xmas baby |
| Bigal4787 |
Posted - 28 May 2011 : 12:11:17
Hi,
I agree with debtinfo, as these are difficult circumstances. Your daughter may be 20, and using her benefits for herself leaving you to support her, although she does buy essentials for her baby.
The OR in normal circumstances could say that you'll have to get something out of your daughter, however, she has a disorder, plus you have a baby living with you on the at risk register, and the added problem of a violent ex partner. The way to put it to the OR, is that if you can't add expenses for supporting your daughter and the baby, the risk is that, the baby could be seized by social services, with consequential risks from the ex.would they be callous enough to allow that to happen, just to help prop up the insolvency service's finances?
Hope this helps
Big Al
Insolvency examiner with the Insolvency service from April 2008 - July 2010.
If you need help completing SOA's(statement of affairs) or PIQ's(preliminary information questionnaire) if you've been declared bankrupt, or anything else and you're within 30 miles or so of Warrington, then please contact me via my contact details in the expert page for futher details"
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| debtinfo |
Posted - 27 May 2011 : 19:17:25
I agree that it is unlikely BUT these are quite unusual circumstances so you should make the case to the OR and see what they say, they do have discretion to make extra allowances in special circumstances |
| Niobe |
Posted - 27 May 2011 : 18:55:24
I think she would be expected to provide some sort of contribution to the household.
She should be seeking employment and whilst she should be able to go out, the family finances come first.
Kids clothes can always come from Ebay or charity shops - much cheaper than High Street shopping.
The world is broken, halos fail to glisten
We try to make a difference but no one wants to listen
Hail the preachers, fake and proud
Their doctrines will be cloud
Then they'll dissipate like snowflakes in an ocean
Jan
xxx |
| RHB |
Posted - 27 May 2011 : 18:41:32
I dont think it would be allowed tbh. |
| Diane.43 |
Posted - 27 May 2011 : 16:48:52
She doesn't contribute to the food or our household bills, she expects me to pay for everything and she spends her money on herself and going out she does however buy clothes for her son.
She is the reason we have declared ourselves bankrupt she is bipolar and has moved 22 times since 2009, she has been in an abusive relationship with the baby's dad who is a drug user and the child is on the at risk register, he has smashed up our property and her own property that we were guarantor for and smashed up my car twice!
We have had quite a bad couple of years and are hoping through bankruptcy to turn the corner and move on with our lives, it is hard with a grandchild in the mix now.
Any advice would be thankfully received.
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| Niobe |
Posted - 27 May 2011 : 16:40:30
What does she spend her benefits on if she's not contributing to the household?
The world is broken, halos fail to glisten
We try to make a difference but no one wants to listen
Hail the preachers, fake and proud
Their doctrines will be cloud
Then they'll dissipate like snowflakes in an ocean
Jan
xxx |
| RHB |
Posted - 27 May 2011 : 13:39:52
Wont her benefits cover food for her * her son? |
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