Search Legislation

Insolvency Act 1986

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 251D

 Help about opening options

Alternative versions:

Changes to legislation:

Insolvency Act 1986, Section 251D is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1251DPresumptions applicable to the determination of an applicationE+W

(1)The following presumptions are to apply to the determination of an application for a debt relief order.

(2)The official receiver must presume that the debtor is an individual who is unable to pay his debts at the determination date if—

(a)that appears to the official receiver to be the case at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate; and

(b)he has no reason to believe that, by virtue of a change in the debtor's financial circumstances since the application date, the debtor may be able to pay his debts.

(3)The official receiver must presume that a specified debt (of the amount specified in the application and owed to the creditor so specified) is a qualifying debt at the application date if—

(a)that appears to him to be the case from the information supplied in the application; and

(b)he has no reason to believe that the information supplied is incomplete or inaccurate.

(4)The official receiver must presume that the condition specified in paragraph 1 of Schedule 4ZA is met if—

(a)that appears to him to be the case from the information supplied in the application;

(b)any prescribed verification checks relating to the condition have been made; and

(c)he has no reason to believe that the information supplied is incomplete or inaccurate.

(5)The official receiver must presume that any other condition specified in Part 1 or 2 of Schedule 4ZA is met if—

(a)that appears to him to have been the case as at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate;

(b)any prescribed verification checks relating to the condition have been made; and

(c)he has no reason to believe that, by virtue of a change in circumstances since the application date, the condition may no longer be met.

(6)References in this section to information supplied in the application include information supplied to the official receiver in support of the application.

(7)In this section “specified debt” means a debt specified in the application.]

Textual Amendments

F1Pt. 7A inserted (24.2.2009 for certain purposes otherwise 6.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 108(1), 148(5), Sch. 17; S.I. 2009/382, art. 2

Back to top

Options/Help

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?