Urgent help needed re finances

[whatcanIdoNow3]

Dd gets dla and direct payments
We have debt so have had to go on a debt plan.
The direct payment is paid into a current account in my name (cannot be in the child’s name).
We have been told due to the right of offer or similar the bank can take the money in the direct payment account....we need this and we can’t lose it to the debts also we can’t move it as it HAS to be in a current account which I’m now not eligible to open anywhere else due to credit rating.
So I can’t move the money to protect it...but if I leave it it will be taken and goodness knows what position I will be in then as am meant to account for it all??
What do I do ?

[Ellie56]

Are the direct payments paid by the local authority? If so contact them and explain the situation as a matter of urgency.

[whatcanIdoNow3]

Yes it’s from the LA. It’s already been paid though so I need to do something move it to protect it but the LA were v v strict it HAS to be a current account and HAS to be in my name. I was told if it had been in dds name they wouldn’t be allowed to take it. Will the LA ask for it back though? We rely on it for so much. Maybe they could intervene with the bank? I can’t seem to find anything online about this exact situation so no idea 😳

[Ellie56]

I don't know but I would think they would be able to do something. Ring the LA and ask for the department that deals with direct payments.

Strictly speaking it is your daughter's money not yours, so not sure how this money can be included in the debt plan. Did you explain that it was money from the LA for services for your DD?

[whatcanIdoNow3]

Yes but because the current account is in my name they apparently have this right to offset or whatever it’s called ?
The LA stipulate it has to be paid into the responsible adults account and that it must be a current account. I could only open a basic one elsewhere so can’t transfer it

[whatcanIdoNow3]

Sorry I probably wasn’t clear is not included in it. I have a current account for myself which is overdrawn, this debt is part of the plan yet because o have the other account with funds in the bank are legally allowed to take that money to cover the overdraft on my account if that make sense

[Ellie56]

I am assuming that the account for the direct payments money is solely for the direct payments and to pay invoices for the services your DD receives?

Talk to the bank today.This is public money and the bank should be able to put some sort of marker on the account to stop it being taken out. Then talk to the LA.

Be prepared though for the LA to insist on different arrangements for the direct payments. If you are in debt they are unlikely to think you are a fit and proper person to manage this account.

Good luck.

[Ellie56]

Sorry I should have said the LA may think you are not a fit and proper person. It will probably depend on how the debt has arisen.

[whatcanIdoNow3]

Rather ironically it has come about because dla was cut yet we had the same costs due to dds disabilities 🙄 so we lost hrc and hrm Plus tax credit premiums. Still jay qualified for DP but they can’t be used for the same things as the dla ....it’s a bit complicated

[Ellie56]

Did you appeal against the cut in DLA?

[Ellie56]

Any luck getting through to the bank and the LA?

[whatcanIdoNow3]

Waiting for tribunal
Have emailed the person who deals with at LA as could they through. Will see what they advise then tackle the bank depending on the advice

[whatcanIdoNow3]

Couldn’t get through

[Ellie56]

Waiting for tribunal OMG and these things take forever. Have you got a date?

Hopefully if DLA appeals go the same way as the PIP ones do, most people seem to be winning their appeals. Hope it goes the right way for you. Looking after a disabled child is difficult enough without all this crap as well.

[whatcanIdoNow3]

No date as of yet but keep calling to chase it up been waiting 4 months so far

[Ellie56]

That is awful. Presumably you have investigated if you are eligible for any other benefits?

Try ringing Citizens' Advice if you have not done so already.

[Ellie56]

Also see if your MP can do anything to speed things up. This is outrageous.

[haveacupoftea]

You could open a basic bank account in your name. They are still classed as current accounts they just don't have the same facilities like you can't get an overdraft on one.