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Coronavirus (Scotland) (No.2) Act 2020

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This is the original version (as it was originally enacted).

Fees for debtor applications

This section has no associated Explanatory Notes

14(1)The Bankruptcy Fees (Scotland) Regulations 2018 (S.S.I. 2018/127) apply in accordance with the modifications in this paragraph.

(2)The Regulations have effect as if after regulation 7 (other fees) there were inserted—

“7A.Temporary exemption from fees under Coronavirus (Scotland) (No.2) Act 2020

Despite item 22 in Part 2 of the table of fees, no fee is payable to AiB under that item for the determination of a debtor application—

(a)in relation to a debtor who, at the date of making the application, is in receipt of one or more of the following payments—

(i)universal credit under Part 1 of the Welfare Reform Act 2012;

(ii)another income-related benefit within the meaning given by section 191 of the Social Security Administration Act 1992;

(iii)jobseeker’s allowance under the Jobseekers Act 1995;

(iv)state pension credit under the State Pension Credit Act 2002;

(v)child tax credit under the Tax Credits Act 2002; or

(vi)employment and support allowance under Part 1 of the Welfare Reform Act 2007;

(b)in relation to a debtor who, at the date of making the application, is in receipt of working tax credit, provided that—

(i)child tax credit is being paid to the debtor, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002) which includes the debtor; or

(ii)there is a disability element or severe disability element (or both) to the tax credit received by the debtor,

and that the gross annual income taken into account for the calculation of the working tax credit is £18,000 or less; or

(c)in relation to a debtor who, within the period of 3 months prior to the date of making the application, received financial or other assistance under the Welfare Funds (Scotland) Act 2015.”.

(3)Part 2 of the schedule (fees for other functions of the Accountant in Bankruptcy) has effect as if in item 22 of the table—

(a)in paragraph (a), in column 2, for “£90.00” there were substituted “£50.00”,

(b)in paragraph (b), in column 2, for “£200.00” there were substituted “£150.00”.

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