Statutory debt solutions in Scotland have been amended: Know your rights!
From 6th of February 2023, the ‘Bankruptcy and Debt Arrangement Scheme (Miscellaneous Amendment) (Scotland) Regulations 2023’ will make amendments to and improve the existing statutory debt solutions in Scotland. The changes are being implemented in order to improve access to debt relief for the most financially vulnerable, provide additional protections, and to promote the success of the programmes, especially where the cost-of-living crisis impacts on the ability to meet payments. They also provide wider access to ‘fee exemption’ to those accessing Full Administration and MAP routes to bankruptcy.
The new 2023 regulations make amendments to the Bankruptcy (Scotland) Act 2016, the Debt Arrangement Scheme (Scotland) Regulations 2011, and the Bankruptcy Fees (Scotland) Regulations 2018, which means:
- Minimum debt level to access Minimum Asset Protection (MAP) has been removed.
- Criteria for applying for a payment break whilst in a Debt Arrangement Scheme (DAS) has been extended to allow for a reduction in disposable income.
- Application fee waiver for individuals who have been assessed by the Common Financial Tool as having no surplus income has been extended.
- Following an award of sequestration, the fee for the AiB appointed trustee will increase from £300 to £750.
If you, or anyone you know, lives in North Ayrshire and the ongoing cost-of-living increases are causing financial stress, please don’t hesitate to reach out to CHAP. Our team of advisors are here to listen and to help. You can contact us for free on 030 0002 0002, chat to us on our website, or email us at enquiries@chap.org.uk.





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