PIP and Divorce. Should PIP be classed as part of my income? — Scope | Disability forum
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PIP and Divorce. Should PIP be classed as part of my income?

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social1709
social1709 Community member Posts: 6 Listener
edited September 2021 in PIP, DLA, and AA
I have just received PIP and my ex wifes solicitor has informed me that as she (solicitor) classes this as income it should form part of my income and should form part of a financial settlement with regards to be considered as part of our financial needs. Our settlement is permanent - clean break and my pip is only for 2 years.  Is this right.
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  • atlas47
    atlas47 Community member Posts: 238 Pioneering
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    Hi @social1709

    Your PIP, is none means tested, so should not be taken as part of a financial settlement.

    Please speak to your solicitor, so they can get a letter of rebuttal sent to your wife’s solicitor.

    Hope this helps.
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  • Reg
    Reg Community member Posts: 109 Pioneering
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    Hello

    You do not mention if you are being asked to provide income as part of financial disclosure for a financial settlement in your divorce  ( for example a Form E or financial statement of information D81) but if you are getting divorced and you are negotiating a financial settlement or court order you do need to disclose all income from whatever source, including state benefits.

    If you have not taken legal advice the citizens advice bureau may be able to assist and provide reassurance about why this question has been asked.

    I am afraid that the fact that Pip is not means tested is not relevant when it comes to divorce financial disclosure but that does not mean your Pip income will be relevant in any financial court order- please speak to the CAB or a solicitor for reassurance as I appreciate any request for information from a solicitor can be worrying so best to get the right advice rather than rely on a forum but try not to worry in the meantime
    Reg

    I am a Scope volunteer.
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  • atlas47
    atlas47 Community member Posts: 238 Pioneering
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    https://www.quickie-divorce.com/blog/divorce-advice-do-all-benefits-need-to-be-disclosed

    Take a look at this, as previously advised, PIP will be ignored. Again speak to your solicitor in the first instance.

    atlas47
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  • Reg
    Reg Community member Posts: 109 Pioneering
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    @atlas47

    I am afraid your link relates to fee concessions with family court applications and not financial disclosure generally.

    @social1709  was asking about financial disclosure generally rather than court fee exemptions.

    @social1709 I hope this confirms that you need to speak to a solicitor or the CAB for some advice 


    Reg

    I am a Scope volunteer.
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  • social1709
    social1709 Community member Posts: 6 Listener
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    Thankyou for the advice - however , it is virtually impossible to make an appointment with CAB

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  • poppy123456
    poppy123456 Community member Posts: 54,056 Disability Gamechanger
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    Do you have a solicitor if so speak to them. If not then start here to see what other advice agency is local to you. https://advicelocal.uk/

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Hi @social1709 - as someone whose divorce was finalised last year, I can assure that @Reg 's comments are absolutely correct. I was rather shocked that a benefit that had no guarantee of continuing, had to be listed with a financial disclosure. Yes, PIP is considered as income, & needs to be declared. My now ex & I were also going for a clean break.
    I would suggest you have your own solicitor anyway for such legal matters. Some solicitors will give a free 30 min. consultation; others rely on a shorter phone consult with their legal aides instead.
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