PART 5APPROVAL OF DEBT PAYMENT PROGRAMMES
Discretionary conditions30
1
A debt payment programme on approval under regulations 25, 26 or 27, or approval of a variation under regulation 39, may be made subject to one or more of the conditions specified in paragraph (2).
2
A specified condition is that the debtor shall–
a
realise, and distribute amongst the creditors the value of, an asset of the debtor other than an asset excepted by paragraph (3);
b
sign and deliver a payment instruction to an employer;
c
seek agreement from a creditor to pay a continuing liability under regulation 34;
d
complete, and submit when due, a tax or duty return or declaration;
e
maintain an emergency fund in accordance with paragraph (4); or
f
be bound by any other reasonable condition intended to secure completion of the programme.
3
An excepted asset is–
a
a dwellinghouse or mobile home occupied by a debtor as the debtor’s home;
b
an asset that is exempt from attachment under section 11 (articles exempt from attachment) of, or that is not a non-essential asset under schedule 2 (non essential assets) to, the Act.
4
In respect of an emergency fund, the debtor shall–
a
make payments at the rate specified by the DAS administrator, into an account designated by the administrator for the purpose of the fund; and
b
make no payment from the fund other than a payment for–
i
an emergency repair as specified in paragraph (5); or
ii
an essential requirement of the debtor or an immediate family member who is maintained by the debtor.
5
An emergency repair is one required to maintain–
a
a dwellinghouse occupied by the debtor in wind and water tight condition;
b
in reasonable working order any item that is not a non-essential asset for the purpose of Schedule 2 of the Act;
c
a vehicle required by the debtor for travelling to work, or other essential purpose.