PIP, DLA and AA
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Is PIP seen as income by the courts?

SystemSystem Posts: 520

Scope community team

edited September 2019 in PIP, DLA and AA
This discussion was created from comments split from: Can I fly with chiary malformation???.

Replies

  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Thank you for your kind welcome. I wonder if you can help me with this. Sadly my husband & I are divorcing after a long marriage. We are in agreement about sharing property & monies. We are both receiving State Pensions, but as mine is the New State Pension I receive more than he. My husband has a small private pension in his name roughly equivalent to the Personal Independence Payment I receive. His solicitor believes that my PIP will be considered as income by the courts. Is this correct?
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @chiarieds, I have made this comment into a new thread which will make it easier for you to get the right support and advice. I personally do not know, but I'm going to find out for you. :)
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  • JurphJurph Member Posts: 346 Pioneering
    Do you not have a solicitor yourself?

    I honestly don't know the answer but I'd be surprised if it was as it's solely for your care.
  • MisscleoMisscleo Member Posts: 646 Pioneering
    You have our undivided attention with this cos it may affect loads of people. 
    If anyone finds the answer please post asap
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Hi @Chloe_Scope Thank you for your help. Hi @Jurph Yes we are both using solicitors. His solicitor is saying that she would be surprised if the Court would not view PIP as income. I contributed equally to 'his' private pension as we were not only married but business partners, & although my understanding is that I should get half of this, his solicitor's argument is that my State Pension + PIP mean that I have more income than my husband so should get nothing. Should have divorced him 2 years ago when I was living solely on my Disability Allowance! I would dearly love any answer as his solicitor has only given me 14 days to reply to their proposal which I got just before the Bank Holiday. Thank you.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @chiarieds - I may be missing the point - and if I am I apologise - but what does your solicitor advise?

    Surely you just go with that, since you are paying for professional advice??
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Hi, @cristobal I emailed my solicitor this morning but have not had a reply unfortunately. I have searched on the internet for a few days & can find no advice, Should have said Disability Living Allowance in my last post.
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Hi @Misscleo . Apologies, I just noticed your post. As it seems more people with disabilities are now going through the divorce process we do need to understand how any of our benefits may be perceived by the Courts. Thank you for your input. I certainly would welcome any insightful input asap. I tried ringing https://rightsofwomen.org.uk/get-advice/family-law/ several times tonight but couldn't get through.

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @chiarieds, just to let you know that @Joanne_Scope is looking into this for you. :)

    How are you doing today?
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  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    edited August 2019
    Thank you @Chloe_Scope very much indeed. I have not heard back from my solicitor so this is even more appreciated. My current stress levels are not helping my pain! I cannot seem to find information about this anywhere altho' I have continued searching on the internet. Please let Joanne know I'm most grateful.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    You are most welcome @chiarieds! I understand that it is easy said than done, but please do take time out and try to relax. This may help to keep your pain levels a bit more stable.

    Please keep us updated and I hope we can get some answers soon.
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  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    chiarieds said:
    Thank you @Chloe_Scope very much indeed. I have not heard back from my solicitor so this is even more appreciated. My current stress levels are not helping my pain! I cannot seem to find information about this anywhere altho' I have continued searching on the internet. Please let Joanne know I'm most grateful.
    Hello love. Just want to send you a virtual hug. I`m sure this is an awful time for you. xxx
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Thank you @pollyanna1052 for your kind thoughts which are much appreciated. I just heard back from my solicitor an hour ago, but unfortunately she has not given me her opinion on the matter just drafted a counter proposal which I'm going to discuss with my son when he finishes work.
  • pollyanna1052pollyanna1052 Member Posts: 1,998 Disability Gamechanger
    so no further forward yet......take care xx
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    An update: My solicitor just emailed asking me to meet her next Wednesday morning, which I've agreed to. Wednesday is also the last day we have in which to reply to my husband's solicitor. @Chloe_Scope please if you get any information from Joanne, I would be grateful to receive this by Tuesday evening. If we end up going to court of course I will have longer, but hoping to avoid this. Thank you in advance.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @chiarieds, thank you for the update. I know this is definitely been looked into, there just appears to be limited information - we are still trying though. :)
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  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Hi  @Chloe_Scope , I appreciate the efforts even if you don't find anything that might help, thank you.
  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    HI @Chloe_Scope Forgot to mention this resource which someone may be able to use to ask questions: https://www.rightsnet.org.uk/ Altho' much is out there in the public domain, it seems to be for support workers (such as CAB) to join, so I could not.

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Thank you for this @chiarieds :)
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  • chiariedschiarieds Community Co-Production Group Posts: 8,063 Disability Gamechanger
    Hi @Chloe_Scope , met with my solicitor on Wednesday, & she emailed this afternoon. Apparently all situations are different as far as considering if PIP would be considered as income, saying 2 judges on the same day may have opposing opinions. Whilst appreciating that my PIP award will probably be looked at in 2 years time, & my 'income' may change, she said it could cost me thousands of pounds to get this looked at by the courts. I'm sorry about this, as I would very much have liked to challenge the view, hoping it may have helped other people who get disability benefits. The principle of this matters.

    I looked at many records of Upper Tribunals relating to PIP.......when I eventually found them, but couldn't find anything that would help. However, I did learn a lot more, which is never a bad thing!!

    Again, thank you, Joanne, & @pollyanna1052 for your support & others for your comments. This is a very caring community.

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @chiarieds, thank you for taking the time to update us. I apologise for the delay in getting back to you.

    I imagine it's frustration to still not really know what is going on. If there is anything we can do to support you then please do let us know. 
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