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susan422
Starting Member



United Kingdom
7 Posts

Posted - 05 October 2010 :  21:37:41  Show Profile  Reply with Quote
Hi I am new to this forum, and thanks to the really helpful posts, most of my questions have been answered, and my mind is at rest, knowing I am heading in the right direction.

My question is I has to give up work to Care for my partner who is recovering from Cancer and has mental health problems as a result, and my Mum who has Alzheimers Disease and Colitis My mum lives on her own at the moment, and can remain so as long as she is supervised. My partner who lives with me also has a daughter with learning difficulties. Both my Mum and my partner require regular trips to hospitals.

I have a 53 plate vauxhall agila which is worth about £1600 and I rely on this heavily to get to my mums regularly and to take them to hospital and surgery appointments etc.

Would the OR allow me to keep the car under these circumstances?

Thanks in advance


debtinfo
forum expert



2826 Posts

Posted - 05 October 2010 :  22:19:29  Show Profile  Reply with Quote
are you the registered carer, do you get carers allowance
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susan422
Starting Member



United Kingdom
7 Posts

Posted - 05 October 2010 :  22:29:45  Show Profile  Reply with Quote
Yes is the answer to both questions. I receive Carers Allowance for my partner, and I am registered as my Mums Carer for her pensions and benefits. I am also the registered owner of the Car, but it is still registered at my mums address.

Sue Jones
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debtinfo
forum expert



2826 Posts

Posted - 05 October 2010 :  22:45:37  Show Profile  Reply with Quote
Then yes you should be allowed to keep the car
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Bigal4787
forum expert



United Kingdom
641 Posts

Posted - 06 October 2010 :  00:22:55  Show Profile  Reply with Quote
As debt info said you should be able to have the car exempt from the proceedings under section 283(2)(a) of the Insolvency Act 1986,as recent case law has widened the definition of employment to include those people who are informal full time carers of a disabled friend or relative, thus the use of a car would be a neccessity to help you do this.

The receipt of carers allowance is not essential, but would be indicative that you are pursuing a "vocation" as a carer.

Big Al
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susan422
Starting Member



United Kingdom
7 Posts

Posted - 06 October 2010 :  09:02:52  Show Profile  Reply with Quote
Thank you ever so much, you've gone a long way to calming me down a bit

Sue Jones
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