Words in s. 310(1) repealed (1.4.2004) by 2002 c. 40, ss. 259(2), 278, 279, Sch. 26 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

S. 310(1A) inserted (1.4.2004) by 2002 c. 40, ss. 259(3), 279 (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

Words in s. 310(2) inserted (6.4.1997) by 1995 c. 26, s. 122, Sch. 3 para. 15(a) (with s. 121(5)); S.I. 1997/664, art. 2(3), Sch. Pt. II (with transitional adaptations, modifications and savings in arts. 3-14)

S. 310(6)(6A) substituted (1.4.2004) for s. 310(6) by 2002 c. 40, ss. 259(4), 279, (with s. 249(6)); S.I. 2003/2093, art. 2(2), Sch. 2 (subject to arts. 3-8 (as amended by S.I. 2003/2332, art. 2))

S. 310(8)(9) and words preceding them added (6.4.1997) by 1995 c. 26, s. 122, Sch. 3 para. 15(b) (with s. 121(5)); S.I. 1997/664, art. 2(3), Sch. Pt. II (with transitional adaptations, modifications and savings in arts. 3-14)

Words in s. 310(7) inserted (11.11.1999 for the purpose only of any exercise of power to make regulations, otherwise 29.5.2000) by 1999 c. 30, ss. 18, 89(5), Sch. 2 para. 2; S.I. 2000/1382, art. 2(e)

S. 310(8)(b) and word omitted (6.4.2012) by S.I. 2011/1730, art. 3(2) (as substituted) by virtue of The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012 (S.I. 2012/709), arts. 1(2), 2(2)

Word in s. 310(9) substituted (6.4.2012) by S.I. 2011/1730, art. 3(3) (as substituted) by The Pensions Act 2008 (Abolition of Protected Rights) (Consequential Amendments) (No.2) (Amendment) Order 2012 (S.I. 2012/709), arts. 1(2), 2(2)

S. 310 applied (with modifications) by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

S. 310 amended by Education (Student Loans) Act 1990 (c. 6, SIF 41:1, 2), s. 1(5), Sch. 2 para. 5(1)

S. 310 restricted (12.8.1998) by S.I. 1998/2003, reg. 13(1)

S. 310 restricted (25.2.2002) by S.I. 2002/195, reg. 40(1)

S. 310 restricted (1.3.2005) by The Education (Student Support) Regulations 2005 (S.I. 2005/52), reg. 28(1) (with reg. 3(6)-(9))

S. 310 excluded (16.6.2016) by The Education (Postgraduate Masters Degree Loans) Regulations 2016 (S.I. 2016/606), regs. 1(1), 97(1)(a)

http://www.legislation.gov.uk/ukpga/1986/45/section/310Insolvency Act 1986An Act to consolidate the enactments relating to company insolvency and winding up (including the winding up of companies that are not insolvent, and of unregistered companies); enactments relating to the insolvency and bankruptcy of individuals; and other enactments bearing on those two subject matters, including the functions and qualification of insolvency practitioners, the public administration of insolvency, the penalisation and redress of malpractice and wrongdoing, and the avoidance of certain transactions at an undervalue1986-07-25texttext/xmlenStatute Law Database2026-02-02Expert Participation2026-02-02Insolvency Act 1986ActThe Insolvency (Miscellaneous Amendments) Regulations 2017Sch. 3 para. 1reg. 1(1)Insolvency Act 1986s. 41HB(2)Smart Meters Act 2018s. 1(3)(b)s. 14(2)Insolvency Act 1986ActThe Renting Homes (Wales) Act 2016 (Saving and Transitional Provisions) Regulations 2022Rheoliadau Deddf Rhentu Cartrefi (Cymru) 2016 (Darpariaethau Arbed a Darpariaethau Trosiannol) 2022RegulationsInsolvency Act 1986Sch. 6 para. 13(2)(za)Employment Rights Act 2025Sch. 2 para. 1s. 159(3) Part IX BankruptcyChapter IV Administration by Trustee Acquisition, control and realisation of bankrupt’s estate
310 Income payments orders.(1)

The court may . . . make an order (“an income payments order”) claiming for the bankrupt’s estate so much of the income of the bankrupt during the period for which the order is in force as may be specified in the order.

(1A)

An income payments order may be made only on an application instituted—

(a)

by the trustee, and

(b)

before the discharge of the bankrupt.

(2)

The court shall not make an income payments order the effect of which would be to reduce the income of the bankrupt when taken together with any payments to which subsection (8) applies below what appears to the court to be necessary for meeting the reasonable domestic needs of the bankrupt and his family.

(3)

An income payments order shall, in respect of any payment of income to which it is to apply, either—

(a)

require the bankrupt to pay the trustee an amount equal to so much of that payment as is claimed by the order, or

(b)

require the person making the payment to pay so much of it as is so claimed to the trustee, instead of to the bankrupt.

(4)

Where the court makes an income payments order it may, if it thinks fit, discharge or vary any attachment of earnings order that is for the time being in force to secure payments by the bankrupt.

(5)

Sums received by the trustee under an income payments order form part of the bankrupt’s estate.

(6)

An income payments order must specify the period during which it is to have effect; and that period—

(a)

may end after the discharge of the bankrupt, but

(b)

may not end after the period of three years beginning with the date on which the order is made.

(6A)

An income payments order may (subject to subsection (6)(b)) be varied on the application of the trustee or the bankrupt (whether before or after discharge).

(7)

For the purposes of this section the income of the bankrupt comprises every payment in the nature of income which is from time to time made to him or to which he from time to time becomes entitled, including any payment in respect of the carrying on of any business or in respect of any office or employment and (despite anything in section 11 or 12 of the Welfare Reform and Pensions Act 1999) any payment under a pension scheme but excluding any payment to which subsection (8) applies..

(8)

This subsection applies to—

(a)

payments by way of guaranteed minimum pension; ...

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

In this section, “guaranteed minimum pension” has the same meaning as in the Pension Schemes Act 1993.