On Benefits – Can you Start an IVA

On Benefits – Can you Start an IVA

Where all or part of your income is made up of benefits there is nothing to stop you using an IVA as long as you have sufficient disposable income.

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Can you start an IVA if you are claiming Benefits?

You can start an IVA whether or not your income is made up of benefits, wages or a combination of both. The deciding factor is whether you can afford to make reasonable payments into the Arrangement each month.

The amount you will have to pay is based on your disposable income (the amount left after all your living expenses are accounted for). For an IVA to be viable you will generally need to have disposable income of at least £80 to £100 per month.

If you are on benefits money will be tight. As such even if you can afford the required monthly amount on paper you need to be comfortable in your own mind that this is sustainable.

If you are receiving PIP you do not have to justify how this money is spent. You can include an equivalent amount in your expenses budget called “PIP Expenditure”

What if you have a combination of Wages and Benefits?

If you are working but your wages are low your income may be topped up with benefits such as working and child tax credits. You can certainly consider an IVA in these circumstances.

In the same way as if your income is only made up of benefits you will need to be able to pay at least £80-£100 per month towards your debts.

Again you must be sure that you can sustain the agreed payments. If you start an IVA but then realise that you are unable to keep paying the agreed amount it will be at risk of failing.

If your payments are relatively low and your IVA fails it is likely that you will lose the money you have paid in.

The implications if your Benefits change during your IVA

Your circumstances may change during your IVA. You might find a job that gives you an increase of income or have a change in family circumstances. These things will affect the amount of benefits you receive.

If you are in this situation you must inform your IVA Company straight away. They will need to review your income and expenditure budget to assess whether your disposable income has also changed.

If it has increased the payments you make into your Arrangement may also have to rise. If the amount you can pay has fallen your creditors might agree to you reducing your payments.

You should delay starting an IVA if you know your benefits are about to change. You will not be able to correctly calculate your disposable income until you know what they will be moving forward.

What if you cannot afford monthly payments into an IVA?

If you cannot afford to make large enough payments to start an IVA this solution may not be right for you. In these circumstances you should consider other options.

If you or a third party can make a cash lump sum available you might be able to do a Lump Sum payment IVA. This would not require any ongoing monthly payments.

If you are renting or have very little equity in the property you own it might be better to consider Bankruptcy. Given your only income is made up of benefits you will not have to make further payments and will be debt free in 12 months.

On benefits and considering an IVA? Give us a call (0800 011 4712) or complete the form below. The advice is free and without obligation.

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12 thoughts on “On Benefits – Can you Start an IVA

    Linda says:

    Hi I have an iva. I’m on pip and esa. When I took it out I was not as ill but my condition has become worse and now I am on adhanced rates.

    I’m not sure how to explain in my iva annual review how my extra money is spent on therapy physical and mental. It’s expensive so worried they will increase my payments. Thank you

      Hi Linda

      If your PIP has increased this should not have an affect on your IVA payment. As a rule of thumb PPI income should not be considered as part of an income and expenses calculation for an IVA.

      As such you should not have to justify what you spend this extra money on. You should just include an amount called “pip expenditure” in your expenses for the same amount as the extra income you now receive.

      Having said that I recommend that you speak to your IVA company first and explain your concern. But I would be surprised if they said anything different.

    Tim says:

    Hi

    I am getting an increase in my housing benefit due to decrease in my salary. Will my Iva monthly payment increase after this?

      Hi Tim

      Generally speaking benefits payments are treated as income in an IVA. As such if the amount of benefits you receive goes up this could affect your IVA payment yes.

      That said if the increase in benefit simply replaces a reduction in your salary then the two things should cancel each other out and your disposable income (and therefore IVA payment) should remain the same.

      Nevertheless you should inform your IVA company of the change. They will let you know if they need to go through a revised income and expenses budget with you or not.

    Marlene says:

    We are on an IVA and receive part housing benefit, we have no savings. My husband is very ill at the moment and we are going to claim Attendance if we get this, do we have to declare this to the IVA. We are both pensioners

      Hi Marlene

      If your benefits income increases while you are in an IVA you must report this to your IVA company. They will find out at your next annual review anyway. That said you would normally have specific expenses associated with Attendance Allowance (ie helping to pay for someone to look after you). As such the expenses should cancel out the income and it should not have any affect on your IVA payment.

    Mark says:

    Hi

    I have recently separated from my wife, I am in an Iva and have applied for universal credit, I am now worried that if I’m entitled to help for rent and bills as my 3 sons live with me, that my Iva monthly payment will go up, I work full time and Just want know so I can plan ahead?

      Hi Mark

      Once you know what the changes in your income and expenses are going to be you will have to let your IVA company know. They will ask you to complete a new income and expenses budget to establish if your disposable income (the amount you can pay into the IVA each month) has changed. It would be sensible to do the calculation yourself in advance so you know what to expect.

      If your disposable income has gone up then you can be pretty sure that your IVA payments will also go up by the same amount. If your disposable income has actually gone down you may be able to agree a reduction in your payments if your IVA would still be sustainable. However where this is possible it would normally go hand in hand with the agreement being extended for an extra 12 months.

    Janet says:

    Hi. My son has come to live with me. He is working. My income is benefits and retired work pensions. I have started my IVA four years ago and have a review coming up. Will my repayments now greatly increase?

      Hi Janet

      You need to treat your son as a lodger. In other words you should show him as paying you some kind of rent. You will need to declare this additional income when you do your review. But remember you will also have some additional costs. For example you will no longer get the single person’s discount on your council tax. In addition your electricity and gas bills are likely to increase with an extra person in the house.

      Given this, your surplus income may not increase by as much as you think. But if it does then yes your IVA payments will increase. But remember only by 50% of the extra surplus income.

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