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Info: Protect your benefits.


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Hi,

 

I just thought I would sure this with you after some really handy advice from my local council.

 

DISABILITY:

When you send in an Income and Expenditure sheet to a debt collector, council or anyone who requires one DISABILIY is NOT an income.

 

You do not need to list this as it's purely meant to help you with your disability. Even if it gives you a little disposable income, the councils etc... will not regard it as an income.

 

DCA's don't care about this and they will regard it as an income. If they ask you to spend some of it, refuse point blank and remind them that it's support from the government to help you endure the nature of your disability.

 

WORKING TAX CREDITS - DISABILITY COMPONENT:

This is an income which needs to be listed. This is taken into account by councils when it comes to working out HB and CTB.

 

Hope this helps,

 

Adridude

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In my ignorant, pre-CAG days I spoke to a very nice chap from hillesden who assured me DLA was income and was paid to help disabled people deal with things like debt so cough up. Fortunately, I refused and it led to me discovering this site and that the debt was SB'd. I didn't bleed over several continents, whilst in service to my country, to be lied too by a piece of slime that isn't fit to wipe my, or indeed, most other peoples boots. :evil:

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When I started off paying an old council tax bill, I discussed my income and expend with them and told them I was in receipt of DLA. They told me that it didn't count as an income?

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I thought as much.. As the direct.gov.uk website says:

 

Disability Living Allowance (DLA) is a tax-free benefit for disabled children and adults to help with extra costs you may have because you're disabled. Find out more about Disability Living Allowance, including how much you can get.

 

Source: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018702

 

So don't let DCA's bully you into thinking that is an income! I for example spend the majority of mine on diaries, post-its and reminder services as my disability renders my memory useless, as well as high transport costs for attending support groups.

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Linked to this subject of benefits, the DWP, in any correspondence stating the amount of JSA one is entitled to, clearly state that the Benefit is a minimum amount on which one is expected to live, thus, confirming that the debtor cannot afford more than a token payment of £1 a month.

 

If I need to reinforce this point in correspondence to a DCA, I usually use the following wording:

 

I am in receipt of Job Seekers’ Allowance. I quote directly from the Department of Work & Pensions correspondence, which states:

“You will be paid the sum of £xx per week, which is the legal minimum on which the Government believes you need to live on.”

I will therefore continue to pay instalments of £1 per calendar month by standing order and undertake to inform you should my circumstances change. I trust this will be acceptable to your company.

 

 

You can use similar wording when commenting on DLA - but point out that DLA is not considered income. A DCA should accept this.

I'm lucky that there is one DCA that I'm paying that has behaved in a relatively civilised and considerate manner - taking into consideration my circumstances. If other DCAs had done the same, they'd be getting paid too...

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Linked to this subject of benefits, the DWP, in any correspondence stating the amount of JSA one is entitled to, clearly state that the Benefit is a minimum amount on which one is expected to live, thus, confirming that the debtor cannot afford more than a token payment of £1 a month.

 

If I need to reinforce this point in correspondence to a DCA, I usually use the following wording:

 

I am in receipt of Job Seekers’ Allowance. I quote directly from the Department of Work & Pensions correspondence, which states:

“You will be paid the sum of £xx per week, which is the legal minimum on which the Government believes you need to live on.”

I will therefore continue to pay instalments of £1 per calendar month by standing order and undertake to inform you should my circumstances change. I trust this will be acceptable to your company.

 

 

You can use similar wording when commenting on DLA - but point out that DLA is not considered income. A DCA should accept this.

I'm lucky that there is one DCA that I'm paying that has behaved in a relatively civilised and considerate manner - taking into consideration my circumstances. If other DCAs had done the same, they'd be getting paid too...

 

Well pointed out! I didn't think of that....

 

I wonder if a DCA isn't happy with you being on JSA if they can still take you to court for non payment? If so, what would the likely outcome be if you can prove that you can afford no more than what you offered.

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If you can prove you're in receipt of JSA and are keeping up token payments, no sensible DCA would attempt court action. The reason being that a judge would consider that your income prevents you paying more than you can reasonably afford - in this case, £1 per calendar month. Any judgement or CCJ granted would doubtless instruct you to pay what you're already paying until circumstances change. That means that it would be a costly and pointless exercise for the DCA and probably be considered a waste of court time. The DCAs know that, but they hope that you don't! That's how the DCAs often manage to persuade people to up their payments - through fear and ignorance :(

 

If you're at least showing willing by making token payments on a genuinely owed debt, a judge would take a dim view of a DCA taking court action.

 

I doubt you'd get hammered for court costs even if it did get to that stage as it would be obvious that they'd be detrimental to a person in a vulnerable position.

Edited by Halibutt

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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