Third-party deductions and insolvency

CPAG

Newer version available

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Debt Advice Handbook Scotland 1st ed - with new material

Third-party deductions and insolvency

If a client decides to self-sequestrate or is sequestrated by a creditor and has third-party payment deductions applied to their benefits, they do not automatically stop. The DWP has said that third-party deductions remain the responsibility of the creditor for that debt, such as landlords for rent arrears, utility companies for fuel bill arrears or the courts for fines.1https://data.parliament.uk/DepositedPapers/Files/DEP2024-0442/086._Insolvency_V5.0.pdf As all debts must be included in a bankruptcy any debt for which a third-party deduction is being made must be included. The creditor when they have been advised of the award of bankruptcy should inform the DWP of the same and third-party deductions should stop. If you are dealing with a client who has third-party deductions from their benefits, it is good practice to write to the creditor(s) involved and request that the deductions stop.

1 https://data.parliament.uk/DepositedPapers/Files/DEP2024-0442/086._Insolvency_V5.0.pdf »

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Debt Advice Handbook Scotland - 1st edition

Written in partnership with Citizens Advice Scotland and Money Advice Scotland, CPAG is delighted to announce the first edition of the Debt Advice Handbook Scotland. Based on CPAG’s best-selling Debt Advice Handbook, it details the stages of the debt advice process in Scotland and the key skills needed to give good advice. No money adviser should be without this essential guide. This online edition is funded by the Scottish government.

The Handbook provides the most comprehensive information needed by advisers on the tools and strategies to help clients with their financial difficulties. It details the key stages of money advice, including interviewing clients, establishing liability, prioritising debts, preparing a financial statement, negotiating with creditors and dealing with sheriff officers. Emphasis is placed on taking due care of vulnerable clients and making sure that any payment arrangements agreed are appropriate. There is a focus on sustainable credit arrangements that do not affect a client’s ability to pay essential living expenses and priority debts.

It is the go-to tool for specialist debt advisers as a first step in accessing primary legislation and regulations and is also a reliable guide and training aid for the new debt adviser. Advisers who undertake debt advice alongside other sorts of advice work or other professional disciplines – such as social workers and housing officers – will find this handbook an indispensable resource.

Fully indexed and cross-referenced to law, official guidance and to court and tribunal decisions, tactical guidance and examples are included throughout.

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CPAG

Print publication date Jun, 2024

This content was last updated:2024-07-01

Word count175,160

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