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Originally posted by T76

Someone with more knowledge then me should be along soon to answer your query, but I believe that DLA isn't counted as surplus income, on a statement of affairs you can cancel it out by putting it down as an outgoing for mobility/care needs.

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Originally posted by Suzanne

Hi caz

DLA is included as income,but you are able to claim expenditure for the specialist medical equipment and supplies you would need to provide for the childrens care. The OR would probably want to see proof of this expenditure, so you would need to provide copies of receipts and/or a letter from your doctor or specialist to confirm the need for you to buy these.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk

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Originally posted by hadenuff

Well I was told by my OR (not a new examiner or suchlike but someone who knew what they were talking about) that my child's DLA would NOT be taken into account under any circumstances as income as it was THEIR money and simply in my name as well, as they were not yet old enough or unable to conduct their own affairs.

I believe it can be a 'grey' area if the bankrupt themselves are in receipt of DLA whether it is included or not. This has been discussed many times on here in the past. Even their own technical manual that the examiner apparently uses is very vague on DLA.

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Originally posted by Suzanne

hello,

hmm i really dont know what to do now.i understand if i go bankrupt il have to pay some back but surely not the kids money thats y i went 4help in the first place.i told the CAB that id recieved highrate care just very recent for my youngest and that i wanted to use it for nursery as i was advised its what she needs to help with her communication and then the CAB sent me another financial statement with the whole lot on my surplus income!!! the lady says i need to pay 560 back a month just wander what it be if i went BR also its going to be such a weight on my shoulders for god knows how many years to try and paay it all.thanks 4 posting :)

Hi caz

DLA is included as income,but you are able to claim expenditure for the specialist medical equipment and supplies you would need to provide for the childrens care. The OR would probably want to see proof of this expenditure, so you would need to provide copies of receipts and/or a letter from your doctor or specialist to confirm the need for you to buy these.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk

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Originally posted by Suzanne

Hi caz

DLA is included as income,but you are able to claim expenditure for the specialist medical equipment and supplies you would need to provide for the childrens care. The OR would probably want to see proof of this expenditure, so you would need to provide copies of receipts and/or a letter from your doctor or specialist to confirm the need for you to buy these.

Suzanne Stocker
Bankruptcy Manager

hi,

well i havent had the money up to now and i have a long list off what they need and evidence could be proven so maybe that be ok.my husband was told to apply 4carers allowance because hes needed at home but i guess theres no point as that go to will it to?feels like a nightmare.ok thanku 4 posting . :)
Jones Giles Ltd
www.jonesgiles.co.uk

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Originally posted by beau

hi
i thought this might interest you, i am bankrupt and livin off benefits, whilst in bankruptsy my son has been awarded DLA I informed the OR and and i was told i could keep it! i hav recently been awarded C/A and i hav been sent an IPOQ so am unsure if i would be able 2 keep this as well. like ur self i will hav surplus income but the whole purpus of DLA and other related benefits is that the child in qeustion has extra money so how can they take it away?? bankruptsy is not the childs fault so why should they suffer!

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Originally posted by Suzanne

caz33

The argument you need to put to the OR is that this is money needed for the children, their DLA, and it is one you can argue quite vigorously for. It is, however, household income, and is being used presumably to pay for household expenditure, not just for the children's care, which is where their argument comes in.

What you can bear in mind is that they are unlikely to challenge the expenditure for the childrens care expenses because that is the reason for most of the DL

If you need help with a later argument with them over this I would be happy to help if I can.

Suzanne Stocker
Bankruptcy Manager
Jones Giles Ltd
www.jonesgiles.co.uk

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