Tell me about the benefit law please..

[::Lisa::]

Hi all, please could anyone tell me or link me etc to this benefit law where banks cannot take your money from you from certain benefits.

My husband got a loan before I became disabled and the insurance have paid him 1 year back and saying he can claim again but only if he goes to work for 6 months which is impossible due to him being my carer. We only live off benefits and therefore cannot afford to pay this loan and they keep bullying us into paying even though repeatedly told them we cannot afford to.

Anyway, all our money consists of is;
* Income support,
* Disability,
* Child tax (not the working one),
* Child benefit,
* Carers allowance to my hubby.

I'm pretty sure most of those (DLA, IS and CA) are protected by law and cannot be taken into consideration as expendable money but would like more information.

Please tell me about this law, what to quote etc. Been trying to get through to the citizens advice for days but it's always engaged or closed and I'm too sick recently to go down... ugh ugh ugh!!!

Thank you.

[dpick]

Hi "right of appropriation "

http://www.consumeractiongroup.co.uk...-benefits.html

second link

Right of Appropriation - Stop the bank from taking your money

Hi sorry this is a bit abrupt but am just going out you can also do a search on the forum threads fo appropriation

all the best dpick

[::Lisa::]

Originally Posted by dpick

Hi "right of appropriation "

http://www.consumeractiongroup.co.uk...-benefits.html

second link

Right of Appropriation - Stop the bank from taking your money

Hi sorry this is a bit abrupt but am just going out you can also do a search on the forum threads fo appropriation

all the best dpick

Thanks ever so much for that link. Does this work the same way since my case is slightly different? I have an account with the bank but its closed and any payments that go in there go direct transferred to the loan.

I'm thinking that most of my benefit income is protected in my favour so an expenditure form I still write them down?

Does anyone know what this laws legal name is?

[Jeanjaquessmoothie]

Do your benefits get paid straight into your closed account? If they do, why not just change bank accounts and get your benefits paid straight in there?

I believe the law is the "1st right of appropriation" but if not, someone will be along to correct me.

[dpick]

Originally Posted by ::Lisa::

Thanks ever so much for that link. Does this work the same way since my case is slightly different? I have an account with the bank but its closed and any payments that go in there go direct transferred to the loan.

I'm thinking that most of my benefit income is protected in my favour so an expenditure form I still write them down?

Does anyone know what this laws legal name is?

hi again not to sure of this just something I found in my own records but never went any further because I managed to sort out my bank account.

S187 of the Social Security Administration Act 1992

Don't know if the section is correct but see what you can find on a search on goggle etc

I also so agree with the above post change your bankget payments paid into that then it's upto you how much you can afford to pay on the loan.

all the best dpick

[::Lisa::]

Originally Posted by Jeanjaquessmoothie

Do your benefits get paid straight into your closed account? If they do, why not just change bank accounts and get your benefits paid straight in there?

I believe the law is the "1st right of appropriation" but if not, someone will be along to correct me.

Originally Posted by dpick

hi again not to sure of this just something I found in my own records but never went any further because I managed to sort out my bank account.

S187 of the Social Security Administration Act 1992

Don't know if the section is correct but see what you can find on a search on goggle etc

I also so agree with the above post change your bankget payments paid into that then it's upto you how much you can afford to pay on the loan.

all the best dpick

Thank you to the two above posters. No I don't get it paid into that account. Everything that goes into that account goes directly to the loan people.

I don't think anyone understands what I'm trying to get at/say/mean. I apologise if I haven't typed it in an understandable way. What I mean is....

They've accepted £100 a month repayment (it was £266 at the normal rate before I was ill etc) Anyway, I cannot afford even that. I don't want it being reduced further as we'll be paying it off for bloody forever. So what I'm trying to say is because our income is purely 100% benefits and I'm entitled to 100% of that money by law and the social law, that means that they can't take payments from me because my money is purely benefits which I'm entitled to and cannot be taken into consideration?

Is that right?

[ja-de]

Hi Lisa, I think this I've found, just might be of interest for you, Advice Guide - Right of Appropriation.

[dpick]

Hi Lisa I see what you mean how much am I required to pay off the loan with regard to my sole income being various benefits. I am not to sure of this my wife and I are in a similar position as you we are both disabled and in receipt of DLA, incapacity and income support etc. It would appear to the ill-informed that we receive a lot, but then they don't know how much we have to pay for carers etc. If I were you I think I would approach the CAB, they will be able to give you advise as to any payments you would be required to make from benefits and (this I am not sure of) negotiate with the bank for you. Another possibility is CCCS or such but first CAB they have no axe to grind of there own and are impartial and it's confidential.

all the best dpick