DLA and Magistrates Fine

[Saz83]

Hi all

 

Earlier this year I pleaded guilty by post for not having a television license. It went to magistrates court and I was ordered to pay back £110. I am on benefits and couldnt pay the amount back at once so I filled in a form detailing my income and my outgoings per week.

 

I was left with about £3 a week after everything was paid. The benefits I get are Income Support and also DLA. Today I recieved a letter stating I was to pay back £20 per week. I was under the impression that DLA wasnt to be counted in matters like this as it is used for my mobilty and care needs. I currently use my DLA to pay a private carer to help me about my home with cleaning etc and also to help me get to the shops.

 

Am I wrong in thinking that DLA can't be used to pay a magistrates fine?

[commiekips]

I always thought that benefit was the absolute minimum that one needed to live on, so how can people pay fines out of it?

 

Also, why aren't tax payers complaining to the government. Poor people on the dole should be given all the home comforts and extra spending money they need so they can live a carefree relaxing life.

[Saz83]

Poor people on the dole should be given all the home comforts and extra spending money they need so they can live a carefree relaxing life.

 

Im not on the dole. I am on income support as I cannot work. I am also on disability living allowance. I do not have any extra spending money and I do not live a carefree and relaxing life.

 

I always thought that benefit was the absolute minimum that one needed to live on, so how can people pay fines out of it?

 

Those on benefits do live on the absolute minimum and yes, we have to pay fines out of it should we need to.

 

This still doesnt answer my question regarding the DLA counting as income.

[commiekips]

Poor people on the dole should be given all the home comforts and extra spending money they need so they can live a carefree relaxing life.

 

Im not on the dole. I am on income support as I cannot work. I am also on disability living allowance. I do not have any extra spending money and I do not live a carefree and relaxing life.

 

I always thought that benefit was the absolute minimum that one needed to live on, so how can people pay fines out of it?

 

Those on benefits do live on the absolute minimum and yes, we have to pay fines out of it should we need to.

 

This still doesnt answer my question regarding the DLA counting as income.

Don't the people who pay you have an answer?

What about CAB?

[Simon7685]

Commiekips

 

Unless I am misreading or misunderstanding your comments, I think you are a little out of order for having a go at someone who has come on here to try and get some help. Irrespective of anything else this forum is here to try and help people, making sarcastic remarks against someone who's circumstances you know little or nothing about does not help anyone!

 

Saz83

 

There are I understand limits to what can be taken out of benefit for fines, council tax and a number of other things as well. Despite the sarcasm from commiekips, the best thing you could do would be to ring the office that deals with your claim. You cannot appeal against a fine being deducted from your Income Support (to the best of my knowledge) but you can appeal against the amount, if it is causing hardship. I am not 100% on the DLA side but I always thought DLA was pretty much disregarded when deciding someones income for the purpose of ability to pay.

 

Someone else may well come along with some more precise answers for you but a call to the office might well be the best course of action for you.

[loan_ranger]

I'm not trying to be funny or nothing but leaving aside your DLA, if I'm not mistaken you also get the I.S. disability premium of £28 per week. The unfortunates on JSA somehow survive on the basic £65.45, I guess they have had to learn to budget more carefully than they would if they got £28 extra.

[MIKEY DABODEE]

Don't the people who pay you have an answer?

 

We just administer the benefits, the goverment pays them, they set the amounts, the applicable amounts, not nearly enough in most cases.

 

 

 

With regards to the fine deductions, its the courts that set the amount to come out each week, they notify third party deductions on how much to take out each week, third party will then take this amount out of the Income Support.

I.S have to take out the instructed amount and pass it on to the court out of the benefit.

 

Seems a lot to be taking out, hope you manage to get it reduced soon

[patrickq1]

Very Snide Comments Saz Remind Me Not To Offer You Any Assistance At Any Time When You Need It Troll

[loan_ranger]

Pat, have you possibly misread, or read too quickly. I thought that Saz was just c'n'pasteing what another poster said in an earlier post. Making a retort to the poster's inappropriate comments.

 

Best regards,

Paul.

Edited May 4, 2010 by loan_ranger
bad "speling" LOL

[Bookworm]

Commiekips seems to have a chip the size of a boulder on his shoulder, seemingly thinking that every person on any kind of benefit is a scrounger for whom he pays personally by working.

 

He conveniently forgets that by and large these people did work, did pay into the system to help people who weren't working then, and that one day no doubt, he won't be working anymore and at that point, people who work will be paying for his benefits, because that's the way this system works.

 

Either that or he's a troll. Take your pick.

[pompeyfaith]

Patrickq1 its not saz with the Snide Comments but commiekips.

[ErikaPNP]

DLA is not always disregarded for income purposes, though it is disregarded as income when working out means tested benefit. For example, it is a prescribed benefit from which overpayments of Social Security benefit can be deducted from.

 

I do know that they do not take the mobility component of DLA into consideration when deliberating "income" for a fine - however I am uncertain about the Care Component with this. I wouldn't have thought so, but "thinking" does little to answer your question.

 

They cannot attach a deduction of benefit order to any component of DLA or ask for a third party deduction from it; they can to your IS though.

 

I'm afraid that's the only advice I can offer for the moment. If I find out, I will be sure to let you know.

[pompeyfaith]

Commiekips seems to have a chip the size of a boulder on his shoulder, seemingly thinking that every person on any kind of benefit is a scrounger for whom he pays personally by working.

 

He conveniently forgets that by and large these people did work, did pay into the system to help people who weren't working then, and that one day no doubt, he won't be working anymore and at that point, people who work will be paying for his benefits, because that's the way this system works.

 

Either that or he's a troll. Take your pick.

 

Indeed bookie I've noticed its not the first time.

 

PF

[patrickq1]

i do apoligise sicerely got the names mixed up...doh...thanks for pointing it out...yes i hold my hands up too quick of the mark lol

howz u ranger..just been on you site some intresting work going on there dude..

patrickq1

ps thanks HB

[honeybee13]

I second that, PF. At least that horrible avatar has been taken off.

 

HB

[loan_ranger]

Cheers Pat, your cheque is now on its way to you! LOL

[ErikaPNP]

We can all see that Commiekips comments have not been helpful. The OP has addressed this herself (or himself as the case may be); though it's very heartening (and helpful) for others to point out when someone has overstepped the mark, it doesn't answer the query at hand. When people keep going back to it, it detracts from the original post.

 

And remember - if you find a post which you find personally abusive (to you or the OP) or if you feel it in some manner is in breach of the forum rules, hit the red triangle on the post to report the matter to site team. I know I am in here frequently but I'm not here all the time so can't see every post made. The triangle sends a report in real time so that mods who are logged on at the time can deal with it.

 

We've moved on from Commiekips' comments, and they have been noted. Let's keep the thread focussed on addressing the OP's query from here, please.

[patrickq1]

when i was working as a tiler i was paying on average 350 per week on tax and insurance....if i were well enough i would be out the door first light and graftin till dusk,so i think ime entitled to some benefits but i had to fight for it ,hopefully i get through another couple of ops and get back on my feet again,would nt take me any more than an hour to source work....

[patrickq1]

wellsaid erika i did jump the gun...what is the apeal procedures that saz can use ?

[ErikaPNP]

It's not something that she needs to appeal to benefits about as it is not a decision made by any benefit section.

 

The court have advised her that from their income calculations she is to pay £20 per week. She needs to find out if they have used DLA in that income calculation, and if so whether they can actually do that. She would then need to approach the court about this.

[Saz83]

Wow... So much has gone on. Thanks for the helpful comments. I am not against paying my fine. Ive broke the law so therefore I am going to pay my fine.

 

I'll ring the court office dealing with it and see where they got the figure of £20 from.