Claim for daughter whilst in IVA?

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Til

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Post by Til » Wed Sep 10, 2008 11:34 pm
Hi all,

This is strictly hypothetical at the moment but wondered if anyone knew how this would work if it happened...

About 9 months ago my daughter had an accident that would probably be something we could put in a compensation claim for. However due to certain circumstances it would not be appropriate for us to claim yet plus we are not the type to claimfor any old reason - however if the scarring does not fade we may make a claim in a couple of years (still within the permitted 3 years) so that should she need cosmetic treatment down the line she would have this money to do it when she is odler and can make the choice for herself (she is only 2 now!)...

However my question is this - if we made a successful claim, be it large or small amount, would we be permitted to keep all this money if it was paid into my daughters savings account that her grandparents opened for her and to which we have no access? Or would it have to go towards the IVA even though the money was solely for our daughter and not us?

Just a what if question right now but would like to get an idea.
Thanks [:I]
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

Viki.W

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Post by Viki.W » Wed Sep 10, 2008 11:49 pm
Oh Til, that's awful, I hope your daughter makes a full recovery. I'm certainly no expert but I would have thought that the money would be completely safe, I'm sure Melanie will advise you though so hold on. X
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Til

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Post by Til » Wed Sep 10, 2008 11:53 pm
Aw thanks Viki [:)]
Thankfully it was not severe (not a day I ever want to repeat though I can say!) but it has left her with a small yet highly visible scar that she may feel self conscious about when older - hence my concern if a claim is appropriate. Plus if it would not benefit her I would not claim simply for sake of it as I don't believe in that.
Fingers crossed an expert will know but in the meantime I am off to bed as the little miss concerned has terrible head cold and no doubt I will get very little sleep so best grab it while I can!!!
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

Viki.W

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Post by Viki.W » Wed Sep 10, 2008 11:56 pm
Night night Til, I hope she gets over her cold. X

It sounds like you're a very honest person, lets hope that scar dissapears for good. X
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MelanieGiles

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Post by MelanieGiles » Wed Sep 10, 2008 11:57 pm
It would be heartless for this money to be grabbed by your creditors - so if I were your IP I would allow you to keep it, but it does really depend upon the terms of your individual arrangement and this is best discussed with your IP before any claim is submitted.

Hope she will be better soon!
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Til

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Post by Til » Thu Sep 11, 2008 8:30 am
Aw thanks Viki - I would feel too guilty claiming for no good reason so really I am hoping the scar fades as she grows and that it will not be an issue for her.

Thanks for advice Melanie - I too would hope that our IP would see this would be money would not be ours and that to take it from a child would be unfair - however as you say i will definitely get them to confirm it either way prior to us making the decision to claim or not.

Thanks again - gotta whizz off now as little miss is rather under the weather (her nose is pretending to be a river bless her!) so gonna go give her some cuddles and TLC x
"Hope is the feeling you have that the feeling you have isn't permanent." - Jean Kerr

IVA approved Aug 2008 - 6 year term - last payment made 6 Oct 2014. CC received 14 Nov 2014.
 
 

Lisa2009

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Post by Lisa2009 » Thu Sep 11, 2008 9:32 am
Usually when a compensation claim for a child is won, the money gets held in a court trust fund untill the child is 18 so i doubt anybody would be able to get near it.

My 10 year old son was given compensation for a car crash we were in and thats being held by the court untill he turns 18.
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Nil carborundum illegitimi
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