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Posted: Tue Feb 12, 2008 3:26 pm
by barbarella
hi
we have been in a iva for 14 months now and my partners job has been under review for some time now, it looks like finally being sorted out and we will recieve some backpay post dated for the last 3 years. we expect to get about £2000-3000 which works out about 80 per month over the 3 years we have waited. which would have not altered our i + e very much, my question is do we have to hand this over to our ip as it is not a windfall or overtime? our ip is very difficult to get hold of, we speak to office juniors etc. any help we would be grateful thanks.

p.s dont want to sound as if we dont want to pay as much as we can to our debt but our car is in desperate need of some work and this could go along way towards fixing it

Posted: Tue Feb 12, 2008 4:05 pm
by ianmillington
Hi

If the payment was not anticipated then your Supervisor could argue windfall with some justification although that would be very harsh.

Given the source of the money, a better description would be as a bonus, which is probably covered in the same paragraph as overtime. If the word "bonus" doesn't appear then it couldbe covered as "other income".

What does your review clause say?

Ian