My son awarded Disability Living Allowance

[scc]

sorry to be a pain but when I send them the bank statements wont they ask what that money is for and why I havent enclosed it? sorry I sound really thick its just that all of this is just scarry to me ha ha. the forms them have sent me to fill in for income and expenditure are completely different to the original ones I filled in. many thanks

[MelanieGiles]

Do you and your partner have a joint account? And was he your partner when you entered into the IVA?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[scc]

Hi Melonie yes we do have a joint bank account and yes he was my partner then. We had a joint bank account then as well but closed it down and I reopened one in my name We only made it a joint account in August I think. thanks

[MelanieGiles]

Then just clarify this point with your IP, but I see no reason to alter the basis of your IVA from that which was originally proposed.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[scc]

Thanks for your advice Melonie. I have another question when I originally did my IVA I was told that I wasnt allowed to include my pet insurance and basic sky tv direct debit into it. Can I put them into my yearly review or do I still need to leave them out. I have also increased my clothing allowance from £40 per month to £100 as the £40 was not realistic as there are 6 of us in family and food from £550 to £620 only going up £15 per week does this sound ok. Many thanks

[MelanieGiles]

Absolutely. The CCCS allow pet insurance and a basic Sky TV package, so it all loks reasonable to me.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[scc]

Hi I have yet another question with regard to full and final settlement I have tried to calculate it myself and dont think I am getting it right so could you help me please. IVA is £16320.00 which is £5540.00 costs to ive company and £10780.00 available fo creditors which therefore I am paying £0.31p. How much would a reasonable figure be to offer in full and final settlement any advice would be gratefully appreciated. Many thanks

[MelanieGiles]

This depends upon how much you have already paid in, and what your current circumstances are. Are you also a property owner?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[scc]

sorry should have said pay £272 per month and not property owner have paid 12 months this month have made the 1 year mark yipee only 4 left boo hoo ha ha. hope this helps many thanks

[MelanieGiles]

I would suggest an offer of around £11k would be a good starting point.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[J-DOUBLEYA]

I dont understand where this is going. DLA is a non means tested benefit and is totally disregarded in Brptcy.

You should declare the fact that you are in receipt of this benefit but it should not increase your disposable income.

This money should not be used increase the repayments in your VA. You should not have to account for this benefit in any way whatsoever. The governemt sets eligibility criteria that you must meet to qualify for this benefit. You do not have to justify this to anybody !

[MelanieGiles]

And I'm not sure where your post is going - as this does not relate to a bankruptcy case but rather someone who is in an IVA.

Under IVA protocol, all income regardless of its source or purpose must be disclosed to creditors, and in the case of DLA a corresponding entry should relate to the associated expenditure - which usually absorbs the DLA in its entirity.

Perhaps we have all lost the thread of this enquiry given that the original posts were made four months ago.

[ladyc]

Just to clarify. When you complete a claim form for DLA you have to explain completely what problems you or your child experiences and what help, equipment, expenses and time are required in order to make life more comfortable/easier for the disabled person. There are different requirements and awards for care and mobility.
The award is given on the grounds of need for these special requirements and extra care.
Melanie is correct when she says it should be shown as income and taken out as expenditure.
If someone wants to contribute part of their DLA to their IVA then that is up to them, but they should never have to use it or justify it because basically, if they didn't need the money then they didn't need the extra care etc so they should not have been awarded it in the first place.It can also become very personal and specific to the disabled person so could be construed as discrimination.
It is not an income benefit but a specific need benefit.
If someone has a motorbility car instead of the money they would not be penalised and nor should they for the care.