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Regulation 37 Grounds for variationI1

Scotland

(1)

An application for variation of a debt payment programme may be made—

(a)

on agreement between a debtor and each creditor participating in the programme;

(b)

on agreement between a debtor and a creditor that a liability of the debtor to repay a sum is to be discharged;

(c)

so interest, fees, penalties and other charges are not payable as provided for in regulations under section 7A of the Act;

(d)

on a material change in the circumstances of a debtor;

(e)

where a debt due at the date of approval of that programme was omitted from, or was wrongly assessed for the programme due to a mistake, oversight, or other reasonable cause;

F1(ea)

under regulation 36A where liability of a debtor is discharged by a creditor applying compensation;

F2(eb)

in the case of a debtor who is an individual, under regulation 36B for administrative purposes or to reduce the period of the debt payment programme;

(f)

where a future or contingent debt, known but not quantifiable at the date of approval of the programme, is quantified and due for payment;

(g)

where a debtor requires credit to meet an essential requirement; F3...

(h)

F4in the case of a debtor who is an individual, where a debtor wishes to defer payments for a period F5not exceeding 6 months, with the period of the debt payment programme extended for F6a period equal to the period of deferment, where circumstances specified in paragraph (3) have resulted in a reduction in the debtor’s disposable income of 50% or more F7; and

(i)

in the case of a debtor which is a legal person, trust or unincorporated body of persons, where a debtor wishes to defer payments for a period not exceeding 6 months, with the period of the debt payment programme extended (subject to regulation 27(2)(l)(iii)) for a period equal to the period of deferment.

(2)

An application for variation shall not be made in respect of any other debt of a debtor.

(3)

The circumstances for the purposes of paragraph (1)(h) are—

(a)

a period of unemployment or change in employment;

(b)

a period of leave from employment for maternity, paternity, adoption or to care for a dependant;

(c)

a period of illness F8...;

(d)

divorce, dissolution of civil partnership or separation from a person to whom the debtor is married or the civil partner F9, or with whom the debtor is living together as if spouses or civil partners of each other;

(e)

death of a person with whom the debtor shared care (financial responsibilities or otherwise);

F10(f)

a reduction in social security benefits or tax credits (or both).

(4)

In paragraph (1)(h), “disposable income” means disposable income calculated on the same basis as set out in form 1 (on the basis of equivalent details provided on F11form 4).

Annotations

Textual amendments

F1

Reg. 37(1)(ea) inserted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 13(2)(a) (with reg. 20(1))

F2

Reg. 37(1)(eb) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 8(3)

F3

Word in reg. 37(1)(g) omitted (29.10.2018) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 15(2)(a)

F4

Words in reg. 37(1)(h) inserted (11.12.2014) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2014 (S.S.I. 2014/294), regs. 1(2), 17(2)

F5

Words in reg. 37(1)(h) substituted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 13(2)(b)(i) (with reg. 20(1))

F6

Words in reg. 37(1)(h) substituted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 13(2)(b)(ii) (with reg. 20(1))

F7

Reg. 37(1)(i) and word inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 15(2)(b)

F8

Words in reg. 37(3)(c) omitted (29.10.2018) by virtue of The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 16(1)

F9

Words in reg. 37(3)(d) inserted (4.11.2019) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (S.S.I. 2019/315), regs. 1, 9(2)

F10

Reg. 37(3)(f) inserted (29.10.2018) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 (S.S.I. 2018/297), regs. 1, 16(2)

F11

Words in reg. 37(4) substituted (2.7.2013) by The Debt Arrangement Scheme (Scotland) Amendment Regulations 2013 (S.S.I. 2013/225), regs. 1(2), 18(1)

Commencement

I1

Reg. 37 in force at 1.7.2011, see reg. 1