PART 6

Debtor's contribution

Payments by debtor following sequestration

Debtor contribution order: general
90
1
AiB must make an order fixing the debtor's contribution (a “debtor contribution order”)—
a
in the case of a debtor application, at the same time as awarding sequestration of the debtor's estate,
b
in the case of an award of sequestration following a petition under section 2(1)(b), after considering initial proposals for the debtor's contribution provided by the trustee.
2
In a case referred to in subsection (1)(b), the trustee must send initial proposals for the debtor's contribution within 6 weeks beginning with the date of the award of sequestration.
3
In making a debtor contribution order, AiB must use the common financial tool to assess the debtor's contribution.
4
A debtor contribution order may fix the amount of the debtor's contribution as zero.
5
A debtor contribution order may be made irrespective of sections 11 and 12 of the Welfare Reform and Pensions Act 1999.
6
A debtor contribution order may provide that a third person must pay to the trustee a specified proportion of money due to the debtor by way of income.
7
Where a third person pays a sum of money to the trustee in accordance with subsection (6), the third person is discharged from any liability to the debtor to the extent of the sum so paid.
8
AiB must, immediately following the making of a debtor contribution order, give written notice of the order to—
a
the debtor,
b
the trustee, and
c
any third person mentioned in the order.
9
A debtor contribution order must not take effect on a date before the expiry of 14 days beginning with the day of notification of the order.
S. 90 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2