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Is DLA or PIP considered 'state benefit' and therefore necessary to declare on divorce E form

3 replies

ColdToTheBones · 24/01/2022 17:33

One website says DLA and PIP are not included on an E form because they're not taxable or means tested, and aren't considered 'state benefit' (you only have to declare state benefits). Apparently there are some exceptions and PIP is one that doesn't have to be declared.

My ex's solicitor wrote 'receives DLA and PIP', but I don't, I only get one and not both! So it makes me think solicitors might not know what benefits are, and if not, would a judge bother to find out?

You could argue declare it anyway, and hope a judge recognises it's exempt, but if the solicitors don't know and the judge doesn't either, it could make a MASSIVE difference to the share of assets.

But obviously I don't want to withhold that information if it's not allowed to be considered exempt!

So I wondered if anyone here knows?

OP posts:
CorrBlimeyGG · 24/01/2022 17:44

Yes, they are state benefits. You should list them and the annual amount, and then explain the additional costs associated with your disability in the expenditure.

ColdToTheBones · 24/01/2022 17:59

Thank you

OP posts:
ColdToTheBones · 24/01/2022 17:59

Out of interest, what happens if a judge factors it in and then I lose it? PIP is notoriously renowned for that!

OP posts:
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