Bankruptcy and Debt Advice (Scotland) Act 2014

3 Debtor’s contribution: common financial tool

(1) After section 5C of the 1985 Act (inserted by section 1(2)), insert—

“5D Assessment of debtor’s contribution

(1) The Scottish Ministers may by regulations specify a method (the “common financial tool”) to be used to assess an appropriate amount of a living debtor’s income to be paid to a trustee after the sequestration of the debtor’s estate (the “debtor’s contribution”).

(2) Regulations under subsection (1) may in particular—

(a) prescribe a method for assessing a debtor’s financial circumstances (including the debtor’s assets, income, liabilities and expenditure),

(b) prescribe a method for determining a reasonable amount of expenditure for a debtor after the sequestration of the debtor’s estate,

(c) prescribe the proportion of a debtor’s income that is to constitute the debtor’s contribution,

(d) prescribe that a method determined by another person is to be used (with or without modification in accordance with regulations made under subsection (1)) as the common financial tool.

(3) The common financial tool must ensure that the amount of reasonable expenditure for a debtor is not less than the total amount of any income received by the debtor by way of guaranteed minimum pension (within the meaning of the Pension Schemes Act 1993 (c.48)).

(4) The common financial tool must ensure that an amount is allowed for—

(a) aliment for the debtor,

(b) the debtor’s relevant obligations.

(5) The “debtor’s relevant obligations” are—

(a) any obligation of aliment owed by the debtor (“obligation of aliment” having the same meaning as in the Family Law (Scotland) Act 1985 (c.37)),

(b) any obligation of the debtor to make a periodical allowance to a former spouse or former civil partner, and

(c) any obligation of the debtor to pay child support maintenance under the Child Support Act 1991 (c.48).

(6) The amount allowed for the debtor’s relevant obligations referred to in paragraphs (a) and (b) of subsection (5) need not be sufficient for compliance with a subsisting order or agreement as regards the aliment or periodical allowance.”.

(2) In section 7(2) of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) (debt payment programmes: power to make further provision), after paragraph (bc) insert—

“(bd) the method of assessing the amount of a debtor’s assets, income, liabilities and expenditure in considering applications for the approval, or the variation, of a debt payment programme,”.