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Would Anyone Know The Answer Please

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  • #31
    Re: Would Anyone Know The Answer Please

    Social Security Administration Act (1992) section 187
    Social Security Administration Act 1992 --- Social Security Administration Act 1992 (c. 5)

    Certain benefit to be inalienable.

    187.—(1) Subject to the provisions of this Act, every assignment of or charge on—
    • (b) any income-related benefit; or
    • (c) 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.

    (2) In the application of subsection (1) above to Scotland—
    • (a) the reference to assignment of benefit shall be read as a reference to assignation, "assign" being construed accordingly;
    • (b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the [1980 c. 46.] Solicitors (Scotland) Act 1980.
    (3) In calculating for the purposes of section 5 of the [1869 c. 62.] Debtors Act 1869 or section 4 of the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.



    DWP - Advisers - The Law Relating to Social Security - Blue Volumes - Contents



    Tax Credits Act 2002 (s.45).
    45 Inalienability
    (1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.



    ah haa also

    Woods v. The Royal Bank of Scotland 1913 1 S.L.T. 499 which states as follows:"A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set-off against the same."


    just looking for the full excerpts of those - think thats it now....



    The post office card account takes about 7 days to get set-up. Its the only account I have now and I have all my benefits paid direct into there. Then I take them out in cash and distribute where necessary.
    Last edited by Amethyst; 5th March 2008, 22:57:PM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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