disability living allowance

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MelanieGiles

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Post by MelanieGiles » Sun Mar 23, 2008 9:27 am
Whilst I do understand all of the concerns raised above, the DLA is included in income and then the associated expenditure is included in expenditure, so there is no using of DLA monies to fund creditor repayments in an IVA.

I imagine that prior to entering into an IVA many people with this sort of benefit have been using the money to struggle on paying creditors, so when the enter either an IVA or bankruptcy process, this is ringfenced for the purpose it is provided - but it still has to be declared.

I think that there has therefore been a little misunderstanding here as to how people like I treat this benefit.
Regards, Melanie Giles, Insolvency Practitioner
 
 

lily

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Post by lily » Sun Mar 23, 2008 10:59 am
No disrespect to you or your profesion intended Melanie, each of us have our own unigue set of circumstances. I do believe that IVA's are a good thing and I admit my DLA was income that I used in part to supplement creditors. Furthermore the IP was happy to consider the extra expenditure involved. I was just trying to consider thinking outside the box in terms of 'income', yes its money but you cant always measure the effects on the family of a disabled child in pounds, the siblings do have it tough. De-stressing is very important and the carer has a duty to protect her/himself against going insane in order to function and care for all the children of the family. The guidelines that I have seen you disagree with really dont consider this.

My one experience with social services was the biggest nightmare I have ever lived through. Thinking outside the box, some joke that is. Evidence staring them in the face but still they chose to decide my one son was a danger to the other, ignoring the fact that nothing ever happened it was a potential danger that I saw and responded too and short of building a room, I couldnt solve. Then again the social worker in question was only qualified six weeks prior to my approach They upheld my complaint and I got what I needed in the end though. I am just grateful that I was educated enough to fight and make them see sense. Since then guidelines have changed in this area so that it never happens to anyone else.
Last edited by lily on Sun Mar 23, 2008 11:01 am, edited 1 time in total.
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MelanieGiles

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Post by MelanieGiles » Sun Mar 23, 2008 7:51 pm
I absolutely agree with you Lily - which is why it is important to fully utlilise all of the DLA money with associated expenditure, to ensure a neutral position when proposing an IVA. Those of you in receipt of this valuable benefit will know that it barely if actually covers the expenditure involved in looking after a sick child or partner.
Regards, Melanie Giles, Insolvency Practitioner
 
 

lighton

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Post by lighton » Wed Jul 23, 2008 8:48 am
With regards to the above poss, melanie.When we put dla down as income,why can we not just put total expenditure down as all childs extra needs.Do we have to say exactly what its for ?
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jul 23, 2008 9:28 am
You will have to explain what the money is spent on - and I appreciate that sometimes this information can be of a sensitive nature. Your Supervisor will help you to show a reasonable analysis of this if appropriate.
Regards, Melanie Giles, Insolvency Practitioner
 
 

lighton

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Post by lighton » Wed Jul 23, 2008 11:14 am
I cant see how they can ask us to explain what the money is spent on , it is just absorbed into a higher cost of living, we cant put in every detail some is personal and i and others would not like to explain my sons complete disability to strangers and certainly not have his personal details on such an indepth procedure.
I have just wrote email to my local mp to see if he can find out more about this for us.He has said same as me basically money is for his care and him alone, we cannot state it is for paticular things ,as this would be lying because we dont know from one month to the next.Other things may crop up.Same goes for extra tax credits for disabled.Ive asked him to find out if creditors have to know ,as it is his income and not ours.Apparently this is why it is offset straight away in any benefit calculation (without justifying waht it is fo as it is not ours).This should surely be the same in an iva (it should just be regarded and then disregarded>i will let you know the outcome.
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