PART 4

Amendment of the 2018 Regulations

Fees for debtor applications9

1

The 2018 Regulations are amended as follows.

2

After regulation 7 (other fees), insert—

Exemption from bankruptcy application fees for debtors in receipt of certain benefits

7A

Despite item 22 in Part 2 of the table of fees, no fee is payable to AiB under that item for the determination of a debtor application—

a

in relation to a debtor who, at the date of making the application, is in receipt of one or more of the following payments—

i

universal credit under Part 1 of the Welfare Reform Act 20129,

ii

another income-related benefit within the meaning given by section 191 of the Social Security Administration Act 199210,

iii

jobseeker’s allowance under the Jobseekers Act 199511,

iv

state pension credit under the State Pension Credit Act 200212,

v

child tax credit under the Tax Credits Act 200213, or

vi

employment and support allowance under Part 1 of the Welfare Reform Act 200714,

b

in relation to a debtor who, at the date of making the application, is in receipt of working tax credit, provided that—

i

child tax credit is being paid to the debtor, or otherwise following a claim for child tax credit made jointly by members of a couple (as defined in section 3(5A) of the Tax Credits Act 200215) which includes the debtor, or

ii

there is a disability element or severe disability element (or both) to the tax credit received by the debtor,

and that the gross annual income taken into account for the calculation of the working tax credit is £18,000 or less, or

c

in relation to a debtor who, within the period of 3 months prior to the date of making the application, received financial or other assistance under the Welfare Funds (Scotland) Act 201516.

3

In Part 2 of the schedule (fees for other functions of the Accountant in Bankruptcy), column 2 of item 22 is amended as follows—

a

in paragraph (a), for “£90.00” substitute “£50.00”,

b

in paragraph (b), for “£200.00” substitute “£150.00”.