www.iva.co.uk

Hi me again I seem to be posting a lot lately , I am a key worker ( social care worker ) and Iv been earning a little more the last few months as have been required to work lots of overtime , I have done the 50/50 rule with my iva practitioner , but I have just seen that the government changed the guidelines last year with iva ‘s allowing key workers to keep 100% of any overtime , I entered into a iva mid pandemic last year and my iva practitioner is fully aware of my occupation and I do explain each time when paying my overtime into the iva it’s because Iv picked up extra shifts , I feel I bit betrayed that they did not inform me I could keep 100% of my overtime being a care worker ,
Am I in my right to demand them to give me the money back that I have paid in ? Or is it to late now . Thank you

You are certainly within your rights to discuss the matter with your IP --- I assume yours is a Protocol Compliant arrangement as these amendments only apply to those https://www.gov.uk/government/publicati ... a-protocol

You should quote Section 3, Para 1.11: "Paragraph 10.4 of the protocol should not apply to critical workers’ overtime during the COVID-19 pandemic. A critical worker is defined by the list published by the Government and determined by the employer. Additional proof of critical worker status may be required by the supervisor."

Care workers are among those listed as essential key workers here: https://www.gov.uk/government/publicati ... -provision

... And only if 75% of your creditors are those that signed up to these guidelines( although your IP can ask the other creditors if they agree).

You need to discuss with your IP, but all then to tell you why those guidelines don't apply to your case.

Mon Jan 25, 2021 2:18 pmMrMole wrote:

... And only if 75% of your creditors are those that signed up to these guidelines( although your IP can ask the other creditors if they agree).

You need to discuss with your IP, but all then to tell you why those guidelines don't apply to your case.

MrMole --- Please could you point me to a source detailing this info regarding 75% of creditors needing to have signed up to these amendments ? Thanks, Foggy.

I have spoken to my ip about it , and they have said that I need to wait until my review in June where they will look into if I have over paid or not and will issue me a refund then , they didn’t say my information was incorrect . So I shall wait and see

Seems a long time to have to wait.