# The Debt Arrangement Scheme (Scotland) Regulations 2011, Regulation 37: Grounds for variation

Extent: S

(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;
(ea) under regulation 36A where liability of a debtor is discharged by a creditor applying compensation;
(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; ...
(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
(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 ...;
(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;
(e) death of a person with whom the debtor shared care (financial responsibilities or otherwise);
(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 form 4).

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Source: https://www.legislation.gov.uk/ssi/2011/141/regulation/37 (the official version)
Page: https://openlegislation.uk/debt-arrangement-scheme-scotland-regulations-2011/regulation-37
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.