Disability discrimination

[simon770]

Hi. I am currently in an IVA. Been in it a year. I have recently been awarded some money following an employment tribunal for disability discrimination. The whole award was for injury to feelings and not for any loss of earnings. As I understand it, there are exceptions to the windfall clause, namely money that is received from an insurance claim e.g a personal injury claim or that falls under the category of "pain and suffering". As this money has been awarded to me for injury to my mental health, am I able to keep it?

I have also been awarded some money for "damages" in a small claim. Can i keep this too?

[luluj]

You will need to read the fine print in your agreement and I would suggest you would need to declare it and let your IP make the decision for you.

Hopefully you will see at least some of it, however if not your creditors will see a much higher return than first expected

[Foggy]

Unfortunately, as far as I know, there is no 'official' provision for the determination of the fate of insurance compensation in the IVA terms --- but that IP's tend to follow the guidelines in bankruptcy, which do, more helpfully, mention that compensation for 'pain and suffering' can be retained by the debtor. So, like so many things in an IVA, we have to fall back on the discretion (and, to some degree, humanity) of the individual IPs.
The only way that you are going to get a definitve answer will be to poke this particular bear and she what he / she has to say.