DISABILITY LIVING ALLOWANCE

[olympic_torch]

Mrs Torch gets DLA and incapacity benefit, both were counted as income.
I doubt our IVA would have gone through without it.

[elizabethr]

I agree that we need to pay as much back to creditors as possible and not shirk our responsibilities but DLA is a non means tested benefit and is given to make life more comfortable - I speak from one who has to deal with disability and it brings all sorts of stress. I do not think that this should be taken into account. If my husband goes off work due to his disability we have an income replacement insurance and they are not allowed to count the DLA as income when they are working out how much they have to pay. When you are claiming DLA there is one section of the form to complete where you say how the benefit would help your day to day living and if it counts as income whilst in an IVA then you might as well not bother or simply put on the form - please pay me some DLA and then I can pay my debts - oh well in that case we won't give it you. Sorry to sound scathing but I have had to fight for years for help in the form of DLA and my husbands income replacement because they wouldn't accept his condition (they didn't know what it was!) so don't need the stress of having to fight to keep it.

[MelanieGiles]

I totally agree with you Elizabeth - DLA should not be used in order to repay creditors, but should be used to pay for the things that it is provided for. However, if - like OT - you choose to use the money to sort out your debts, then that element of choice ought to be still there. What I object to is IPs telling their clients that it has to form part of the disposable income. It has to be disclosed, alongside the expenditure it is paid to support - and it is usual for this to represent a neutral position - ie no monies left for creditors to grab.

[olympic_torch]

If i had found this site pre IVA then i may have taken a tougher stance.
As it was, both of us were bricking it at the prospect of our IVA being turned down, if it could have swung it i would have included my daughters paper round.

[freelili]

That is exactly what happened in my case, it was included in my income but offset so I kept it. I couldnt have done the IVA otherwise because I need the money in order to cope with not only the extra things needed but the unexpected, knowing full well these would crop up. I spoke with 3 IP.s one told me I couldnt expect them to take anything into consideration, the other when through all of the extra expenditure, with a very sharp intake of breath, the final one was only too happy to let things be offset with a very understanding attitude. I put the phone down on the first, stood firm with the second until he totally pissed me off with a little snigger, adding and you knew this when you took out the loans of course? Yes I did but did I forsee losing my job? I dont think so.

The really important point I was trying to make was be firm, not everyone is going to understand, how can they? Some dont want to and others dont care, they want to propose an IVA and will try to convince you its all your fault, its not your fault you have extra needs. If youre not happy, dont go there or with them. I guess it was easier for me as I had no assets to lose, I could have gone BR but I didnt want to. When faced with debt stress its so easy to just panic and 'think' yourself into a stupid budget, then stay awake after caring all day until stupid o'clock hoping nothing unexpected happens. Thats my main concern for people who dont find this site are torn apart with debt and still trying to care for others, its just too much.

To be honest, I have never had to fight for DLA, thank goodness but I sure have had to fight for just about everything else, with text book readers who know nothing of 24/7 care, they only do it from nine to five on weekdays, if at all. There is no retirement at the end of it all either. I wouldnt change a thing but it could have been made so much easier by those in 'the know'. Thats a flippin joke in itself.

[lighton]

I dont think they should of took any of your dla freelili, its shocking.The iva isnt going to work with this classed as income .In my opinion if the iva isnt going to work without the dla and extra tax credits, then it shouldn,t be allowed to happen. I to have a child who is autistic life is a rollercoaster you never know what each day will bring this is what that money is for.This is why i feel there should be some way of just putting it simply ,without trying to list expenditure of these benefits.That way it will never be used as disposable income.