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Is it possible to go Bankrupt while on benefits

Is it possible to go Bankrupt while on benefits

Is it possible to go Bankrupt while on benefits

If you are receiving benefits there is no reason why you cannot go Bankrupt to deal with a debt problem.

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Can you go bankrupt while on benefits?

You can go Bankrupt if you are on Benefits. The amounts you are receiving are not affected in any way. They will continue to be paid to you each week or month in the same way as the are now.

Given you are on a low income it might be an ideal solution for you. Once you are bankrupt you will not have to make any further payments towards your debts unless you can afford to do so.

If you are renting your property will not be at risk as long as as the rent payments are maintained. Your landlord is unlikely to be informed about your situation. If you live in council property and have rent arrears these debts will also be written off.

Struggling to get your head round all of this? We can help. Call us (0800 077 6180) or complete the form below. The advice is free and confidential.

Will you have to make payments towards your debt after you are Bankrupt?

You are required to declare all your benefits income on your application form. However this does not mean that money will be taken from you. It is likely that you will actually be better off as your ongoing debt payments will stop.

One of the advantages of bankruptcy is that you only have to make further payments towards your debts if you have disposable income. It is unlikely that this will be the case if you receive benefits.

If you are receiving Disabled Living Allowance (DLA) or Personal Independence Payment (PIP) you must include this in the income section of your application. However how you spend the money does not have to be justified. You simply include the same amount in your expenses budget.

Where you do have disposable income you must expect to pay this towards your debt for 3 years. This could happen if you have other forms of income as well as benefits.

How much does bankruptcy cost if you are on benefits?

Before you go bankrupt you have to pay a fee to the Government. There is no way around this and no possibility of a discount.

Generally speaking there are two ways of getting the fee together. You can either borrow the money you need or save it. To help you save you should stop paying your unsecured creditors. The money you would have paid them can then be put towards the fee.

Your creditors are likely to contact you if you you stop paying them. You should tell them that you have decided to go bankrupt and ask them to put your account on hold to give you time to organise your application. They will normally be helpful in this regard.

If your debt is less than £30,000 you might be eligible for a Debt Relief Order. This will give you the same outcome as going bankrupt but the application fee is much cheaper.

Can you borrow to pay for bankruptcy?

You are allowed to borrow money to pay for bankruptcy. If you have available credit you can use this facility to pay the fee. You could also consider borrowing from friends, family or a Payday loan company.

Any money borrowed for this reason is then included as a debt and written off as part of the process. As such remember you will not be able to repay a friend who has lent you the money until after your bankruptcy is over.

You may be worried that it is fraudulent to borrow more just before going Bankrupt. However as long as the money is used for paying the fee it is not a problem. The Official Receiver understands you borrowed just a little more to stop your overall debt situation getting worse.

Thinking about going bankrupt but need more advice? Call us (0800 077 6180) or complete the form below. Its free and confidential.

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    20 thoughts on “Is it possible to go Bankrupt while on benefits

    1. Samantha says:

      Hi,
      I owe over £25000 and I have been advised to go bankrupt by the Citizens Advice. I received a back dated payment of over £5000 in December from universal credit as an underpayment for my health would this be taken away from me if I go bankrupt? My plans are to use the money for living and counselling for my mental health.

      1. James Falla says:

        Hi Samantha

        The back dated payment you have received will not be affected if you go bankrupt. Given it is a benefits payment the official receiver will not touch it and you will be able to keep it.

    2. Chloe Rob says:

      i have a 6 month old baby and pregnant and got a hell of a lot of debt will i still get my uc if i go bankrupt? and keep my council house?

      1. James Falla says:

        Hi Chloe,

        I can confirm that if you go bankrupt, your benefits will not be affected in any way. You will still receive exactly the same amount as you do now. None of the money will be taken from you.

        You will also be able to keep your council house as long as you pay the rent on time (any rent arrears you have will be written off.

        If you would like to have a chat to me about the process to confirm if it is right for you, I would be happy to talk to you (call free on 0800 077 6180). The advice is free, confidential and without obligation.

    3. Lynn W says:

      I’m on benefits and if I go bankrupt and my bank account gets closed how do I receive my benefits

      1. James Falla says:

        Hi Lynn

        You can have a basic bank account if you go bankrupt. If the account you are using now is a basic one (and you don’t own the bank money) you don’t need to do anything. It should remain open after you go bankrupt. If yours is a current account it will be frozen. You will therefore have to open a new basic account to use instead.

        You can read more about bank accounts and bankruptcy by clicking on this link: Can I have a bank account if I go bankrupt

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