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[liam Gray]

Hi there. I am wondering if you can help me. My wife and I are in a Trust Deed. She has been on maternity leave from the Co-op. This has now come to an end and she has started a job with a different employer.

She has received her last wage from the co-op at the end of Sept which has her normal monthly maternity pay and also pay for the holidays she was due. We don’t know if she will receive a wage this month from her new employer as they pay in arrears. Even her new boss didn’t know if she would get anything.

Would you know if the trustee/trust deed requires ALL additional pay and holiday pay into the trust deed or would they be taking half of the extra income? Do they see it as a bonus? I’m worried that they will simply say your normal pay is X you have received Y so give us Y – X. Despite the fact it is meant to cover up until the next official pay.

Is there anyway to stop them taking all the money? We really need to purchase a new sofa as ours is falling to bits!

Thanks for any advice.

[James Falla]

Hi there Liam

I do not think you need to worry about being short. However I would not count on being able to buy a new sofa... If I were you I would calculate how much extra came in at the end of last month over and above the regular income that your IP has been working on. I would then put that sum aside. If you then need to use it to help pay for your expenses in November if your wife's new pay does not start coming in then so be it. However when she does get her first wages I would expect these to be higher than the normal month so again you would need to keep that extra aside until your next review. Then if your IP asks for it you can hand it over.

[Steve Jackson]

Hello Liam

I agree with James. I am sure that your Trustee will allow you to keep sufficent funds to meet the agreed income as if there had been no job change. However if when the dust settles it turns out that your income has been greater than expected over these few months then you may have to pay over the excess. However this will very much depend on the view of your individual Trustee. I would have a chat with them about the situation and see what they say. Ultimately it will be up to them.

I assume that you have told your Trustee that your wife has started a new job? If not you need to do this to ensure that they recalculate your income and expenditure budget accordingly.