{ "url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-37", "json_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-37.json", "legislation": "ssi/2011/141", "legislation_title": "The Debt Arrangement Scheme (Scotland) Regulations 2011", "legislation_url": "https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011", "path": "regulation/37", "kind": "regulation", "number": "37", "heading": "Grounds for variation", "text": "(1) An application for variation of a debt payment programme may be made—\n(a) on agreement between a debtor and each creditor participating in the programme;\n(b) on agreement between a debtor and a creditor that a liability of the debtor to repay a sum is to be discharged;\n(c) so interest, fees, penalties and other charges are not payable as provided for in regulations under section 7A of the Act;\n(d) on a material change in the circumstances of a debtor;\n(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;\n(ea) under regulation 36A where liability of a debtor is discharged by a creditor applying compensation;\n(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;\n(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;\n(g) where a debtor requires credit to meet an essential requirement; ...\n(h) in the case of a debtor who is an individual, where a debtor wishes to defer payments for a period not exceeding 6 months, with the period of the debt payment programme extended for a 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 ; and\n(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.\n(2) An application for variation shall not be made in respect of any other debt of a debtor.\n(3) The circumstances for the purposes of paragraph (1)(h) are—\n(a) a period of unemployment or change in employment;\n(b) a period of leave from employment for maternity, paternity, adoption or to care for a dependant;\n(c) a period of illness ...;\n(d) divorce, dissolution of civil partnership or separation from a person to whom the debtor is married or the civil partner , or with whom the debtor is living together as if spouses or civil partners of each other;\n(e) death of a person with whom the debtor shared care (financial responsibilities or otherwise);\n(f) a reduction in social security benefits or tax credits (or both).\n(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 form 4).", "extent": "S", "status": null, "version": "current", "annotations": [ { "type": "F", "label": "F1", "text": "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))" }, { "type": "F", "label": "F2", "text": "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)" }, { "type": "F", "label": "F3", "text": "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)" }, { "type": "F", "label": "F4", "text": "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)" }, { "type": "F", "label": "F5", "text": "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))" }, { "type": "F", "label": "F6", "text": "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))" }, { "type": "F", "label": "F7", "text": "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)" }, { "type": "F", "label": "F8", "text": "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)" }, { "type": "F", "label": "F9", "text": "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)" }, { "type": "F", "label": "F10", "text": "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)" }, { "type": "F", "label": "F11", "text": "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)" }, { "type": "I", "label": "I1", "text": "Reg. 37 in force at 1.7.2011, see reg. 1" } ], "outstanding_effects": [], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/ssi/2011/141/regulation/37", "retrieved_at": "2026-10-28T21:50:24.069321+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }