I had an active claim from before the IVA commenced

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by debbie » Fri Feb 23, 2018 5:18 pm
Hi, I'm currently involved in an IVA i started up last march 2017. I had an active claim from before the IVA commenced. I have just received a small payout for a work related compensation including back injury and carpol tunnel operation. The claim amounts to just over £2000 and it would no where near settle my IVA of over £18000. Whilst I worked for the certain company my injuries that were compensated for did not include loss of earnings so i wondered what the clear rules are on what they can take. I have read different things online about them not being able to touch monies that are awarded for pain and suffering. Any help would be appreciated with clarifying the laws. My current IVA company is VANGUARD.

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by Foggy » Fri Feb 23, 2018 6:11 pm
Compensation payouts are not specifically catered for in the IVA framework and so it is down to how the IP wishes to treat it. Some will regard it as a windfall and take it all. However the majority follow the guidance used in BR whereby compensation for pain and suffering is allowed to be retained. It could go either way, but it would be dangerous to make any assumption without consulting your IP.
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by recovering » Fri Feb 23, 2018 9:16 pm
I was allowed to keep my compensation for pain and suffering but I had a fab IP then!
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