PART 7VARIATION OF DEBT PAYMENT PROGRAMMES

Approval of a variation38.

(1)

The DAS Administrator must approve a variation proposed under regulation 37(1)(a), (b) or (c).

(2)

The DAS Administrator must approve a variation proposed under regulation 37(1)(d) to (h) if the variation is fair and reasonable.

(3)

The DAS Administrator in determining whether a variation is fair and reasonable—

(a)

must have regard to—

(i)

the matters specified in regulation 25(2);

(ii)

the views of the debtor;

(iii)

the views of the other debtor in the case of a joint debt payment programme;

(iv)

the views of a creditor taking part in the programme and of any creditor making the application; and

(v)

the views of any money adviser who has provided advice to the debtor;

(vi)

whether any expenditure of the debtor declared in assessing disposable income appears to be necessarily incurred by the debtor; and

(vii)

any variation previously approved under regulation 37(1)(h); and

(b)

may have regard to any other factor the DAS Administrator considers appropriate.

(4)

Approval of a variation may be made subject to a condition under regulation 28.