My IVA took all backdated housing benefit. Is this right ?

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Loulou47

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Post by Loulou47 » Wed Jan 02, 2013 9:55 pm
hi,
ive been in an iva for nearly a year now..i told them at the beginning i was getting £98 housing benefit a month, but due to an over payment the previous year i was only getting 50 of the money until it was paid off, theu have now sorted my claim out again as my wife has had another baby,they back dated it so i got £674,is it right its classed as a windfall as iva took all of it? and they have said that the previous amount is not in with my monthly income, when i told them about it right at the beginning
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jan 03, 2013 12:40 am
If your disposable income was based upon receiving £50, then I guess they are correct in demanding you pay in all of the back dated money into the IVA. I don't think this is a windfall however - as the debt was due to you at the time you entered into the IVA and should have been disclosed as an asset.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Loulou47

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Post by Loulou47 » Thu Jan 03, 2013 9:29 am
ok thank you for ur help
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