statutory limit for repayments to CCJ if on benefits?

[bigegg]

Not sure if this is the right section to ask, could someone pleased move if not? thanks.

 

 

I have often seen reference (in the debt collection forum) to:

"a judge will only order you to pay £1 a [month|week] if you are on benefits".

 

Is there any sort of case law/statute on this?

Perhaps in the "white book" (? - guidelines for judges in civil court, not quite sure of exact title) ?

 

thanks!

[dx100uk]

there is none but £1 -£5 is typical

 

dx

[bigegg]

Old thread, but I just found this, which *sort of* might be useful when arguing that minimum payments are justified:

 

Social Security Administration Act 1992

 

http://www.legislation.gov.uk/ukpga/1992/5/section/187/enacted

 

187Certain benefit to be inalienable(1)Subject to the provisions of this Act, every assignment of or charge on—

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

which to me reads that *means tested* benefit (and child benefit) cannot be used to pay a ccj.

 

This wouldn't include DLA, IB, contribution based ESA, or the first 6 months of JSA, and possibly others tho.

but definitely *would* include Working Tax Credit, Child Tax Credit, Income Support, and Income based ESA.

Edited September 22, 2012 by bigegg

[bigegg]

I had an old thread on this subject, but I think I must have posted in the wrong section (legalities in "banks and other instititions" - I found some possibly useful info which I thought was worthy of greater publicity.

 

My original question (last year?) was:

 

"I have often seen on here words to the effect:

>If it goes to court annd you are on benefits, the judge will only make you pay a pound a week

Does this have any legal or statutory basis (such as in the Civil Procedure Rules (White Book))?

"

 

I had a reply that there was no legal basis, but it's typically between 1 and 5 pounds.

 

However, last week I found the following:

 

Social Security Administration Act 1992

 

http://www.legislation.gov.uk/ukpga/...on/187/enacted

 

187 Certain benefit to be inalienable(1)Subject to the provisions of this Act, every assignment of or charge on—

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

which to me reads that *means tested* benefit (and child benefit) cannot be used to pay a ccj.

 

This wouldn't include DLA, IB, contribution based ESA, or the first 6 months of JSA, and possibly others tho.

but definitely *would* include Working Tax Credit, Child Tax Credit, Income Support, and Income based ESA.

 

I am in court next week for a redetermination hearing, and I will be using this argument as the basis for a minimum payment (which at the moment is set at £100 a month!), so will update this thread once it's tested.

[Andyorch]

Thank you for this post BE let us know what transpires with your hearing.

 

Regards

 

Andy

[bigegg]

Back from court.

Showed the judge the legislation and he said it would be valid, but because I claim working tax credit, it's not relevant, as he will be making an order to pay out of my earned income

 

Managed to get my payments reduced to a fiver a week, tho (which I can manage).

To be reviewed in three months.