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Bankruptcy (Scotland) Act 2016

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This is the original version (as it was originally enacted).

96Payment break

(1)The trustee may, on the application of the debtor, extend the payment period of a debtor contribution order by granting a payment break.

(2)A “payment break” is a period not exceeding 6 months during which payments under the debtor contribution order are deferred.

(3)A debtor may apply for a payment break if—

(a)there has been a reduction of at least 50% in the debtor’s disposable income (as determined using the common financial tool) as a result of any of the circumstances mentioned in subsection (4) arising in relation to the debtor, and

(b)the debtor has not previously applied for a payment break in relation to a debtor contribution order applying after the sequestration of the debtor’s estate.

(4)The circumstances are—

(a)a period of unemployment or a change in employment,

(b)a period of leave from employment because of—

(i)the birth or adoption of a child, or

(ii)the need to care for a dependant,

(c)a period of illness of the debtor,

(d)a divorce,

(e)a dissolution of civil partnership,

(f)a separation from a person to whom the debtor is married or with whom the debtor is in civil partnership, and

(g)the death of a person who, along with the debtor, cared for a dependant of the debtor.

(5)An application for a payment break must specify the period during which the debtor wishes payments to be deferred.

(6)If, in the opinion of the trustee, a payment break is fair and reasonable, the trustee may grant it on such conditions and for such period as the trustee thinks fit.

(7)The trustee must notify in writing the grant of a payment break to—

(a)the debtor,

(b)AiB (if the trustee is not AiB), and

(c)any third person required to make a payment under the debtor contribution order.

(8)If the trustee decides not to grant a payment break, the trustee must notify the debtor of that decision and of the reasons for that decision.

(9)The payment period in a debtor contribution order is deemed to be varied by the addition to the period of any payment break granted under this section.

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