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Debt Relief Orders By Lorraine Conway 27 August 2021 Debt Relief Orders Summary 1 Background: why were DROs introduced? 2 How to obtain a DRO 3 Pros and cons of a DRO 4 Reviews of DRO eligibility criteria commonslibrary.parliament.uk Number 4982 Debt Relief Orders Image Credits Pound coins / image cropped. Licensed under CC0 Creative Commons – no copyright required Disclaimer The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. This information is provided subject to the conditions of the Open Parliament Licence. Feedback Every effort is made to ensure that the information contained in these publicly available briefings is correct at the time of publication. Readers should be aware however that briefings are not necessarily updated to reflect subsequent changes. If you have any comments on our briefings please email [email protected]. Please note that authors are not always able to engage in discussions with members of the public who express opinions about the content of our research, although we will carefully consider and correct any factual errors. You can read our feedback and complaints policy and our editorial policy at commonslibrary.parliament.uk. If you have general questions about the work of the House of Commons email [email protected]. 2 Commons Library Research Briefing, 27 August 2021 Debt Relief Orders Contents 1 Background: why were DROs introduced? 5 1.1 Consultation 2004 5 1.2 Legislation: introduction of DROs in 2009 6 2 How to obtain a DRO 7 2.1 Who can apply? 7 2.2 How do I apply for a DRO? 8 2.3 What are the immediate effects of a DRO? 9 2.4 Restrictions imposed by a DRO 10 2.5 Changes in the debtor’s circumstances 10 2.6 What happens when the DRO ends? 11 3 Pros and cons of a DRO 12 3.1 Advantages of a DRO 12 3.2 Disadvantages of a DRO 12 4 Reviews of DRO eligibility criteria 14 4.1 Treatment of pensions - 2011 14 4.2 Increase in debt relief eligibility criteria - 2014 14 4.3 Increase in debt relief eligibility criteria – 2021 15 3 Commons Library Research Briefing, 27 August 2021 Debt Relief Orders Summary Debt Relief Orders (DROs) came into force on 6 April 2009, introduced under the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). To apply for a DRO, the applicant must satisfy strict eligibility criteria. DROs are administrative rather than court-based; they are made by Official Receivers working in partnership with the professional debt advice sector. The aim of a DRO is to provide a low-cost debt remedy aimed at the financially excluded who have relatively levels of debt, little surplus income and few assets. DROs offer a workable debt relief remedy for those who cannot take advantage of other debt remedies, such as Individual Voluntary Arrangements (IVAs), and where bankruptcy would be disproportionate. DROs provide a fresh start for vulnerable people trapped in debt. Assuming a debtor qualifies for a DRO, the order will freeze their debt repayments and interest for 12 months. During this time creditors cannot take debt recovery action without the court’s permission (there is a strict moratorium). At the end of the year, the debtor will be free of all the debts listed in the order provided their circumstances have not changed. In effect, debts are written-off - the debtor won’t have to pay them. A DRO is available in England and Wales, and Northern Ireland. Individual insolvency in Northern Ireland is governed by separate, but broadly similar, legislation to England and Wales. Legislation relating to individual insolvency in Scotland is devolved, and Scotland has its own sequestration regime. In Scotland, a Minimal Assets Process (MAP) bankruptcy offers debtors a similar solution to a DRO, but has different benefits, risks and fees associated with it. This briefing paper summarises the main features of DROs in England and Wales, with emphasis on the eligibility criteria. 4 Commons Library Research Briefing, 27 August 2021 Debt Relief Orders 1 Background: why were DROs introduced? 1.1 Consultation 2004 In 2004, the Department for Constitutional Affairs (DCA) published a consultation paper, “A choice of paths: better options to manage over- indebtedness and multiple debt”. In this paper the DCA suggested that there was a group of vulnerable people who were financially excluded from any debt relief remedy. This group had relatively low levels of liabilities, no assets over and above a nominal amount and no surplus income with which to come to an arrangement with their creditors (see Box 1 below). The DCA sought views on possible options to help people deal with over-indebtedness, particularly multiple debt.1 Box 1: Exclusion from debt relief remedies Prior to the introduction of DROs, the main debt relief remedies were: 1. individual voluntary arrangement (IVA) 2. county court administration order 3. a non-statutory debt management plan (DMP) 4. bankruptcy For debtors with few assets and no surplus income these debt remedies were not an option. For example, an IVA or DMP is only a workable option if the debtor has funds available (or assets to sell) to make regular payments to creditors. Bankruptcy is a disproportionate response for a debtor with no real assets. On 31 March 2005, the Insolvency Service published a consultation paper, “Relief for the Indebted – An Alternative to Bankruptcy”, in which it sought 1 Department for Constitutional Affairs consultation paper, “A choice of paths: better options to manage over-indebtedness and multiple debt”, July 2004, Paper No. CP23/04 5 Commons Library Research Briefing, 27 August 2021 Debt Relief Orders views on a proposed new debt relief order procedure.2 It proposed a new non-court-based scheme of debt relief; a scheme that would be simple and relatively cheap to administer. This consultation ended on 30 June 2005. In December 2005, the ‘Debt Relief Order Intermediary Working Group’ Intermediary contributed to the further development of a new DRO scheme. This group was Working Group made up of representatives from the debt advice sector and the Insolvency Service who met to discuss how the DRO scheme might work. 1.2 Legislation: introduction of DROs in 2009 DROs came into force on 6 April 2009, created by section 108 of the Tribunals, Courts and Enforcement Act 2007.3 The actual detail of the DRO scheme is contained in secondary legislation, namely, the Debt Relief Orders (Designation of Competent Authorities) Regulations 2009 (the Regulations) and the Insolvency (Amendment) Rules 2009 (the Rules). 2 Insolvency Service. “Relief for the Indebted – An Alternative to Bankruptcy’, March 2005”, [not online] 3 Specifically, Schedules 17 to 20 of the Tribunals, Courts and Enforcement Act 2007 now inserted into the Insolvency Act 1986 6 Commons Library Research Briefing, 27 August 2021 Debt Relief Orders 2 How to obtain a DRO 2.1 Who can apply? DROs are only intended to be used by those people with relatively low liabilities, little surplus income and few assets who are unable to pay off their debts in a reasonable time. The debtor must meet certain criteria to qualify (see Box 2 below). Box 2: Eligibility criteria: To be eligible for a DRO, the applicant must meet the following strict criteria: • be unable to pay their debts • owe in total £30,000 or less • the value of their total assets must not exceed £2,000 (if the value of a single motor vehicle is £2,000 or less it can be disregarded from the total value of assets) • their disposable income, after paying tax, national insurance, and normal household expenses, must not exceed £75 per month • they must have lived or worked in England or Wales in the last 3 years • and they must not have had a DRO in the last 6 years. An applicant will not be eligible for a DRO if they are involved in any other formal insolvency procedure. For example: • an undischarged bankruptcy • a current Individual Voluntary Arrangement (IVA) • a current Bankruptcy Restrictions Order or Undertaking • a current Debt Relief Restrictions Order or Undertaking • a pending debtor’s bankruptcy petition in relation to the debtor (and the debtor has not been referred to the DRO procedure by the court as a more suitable method of debt relief) 7 Commons Library Research Briefing, 27 August 2021 Debt Relief Orders • or a pending creditor’s bankruptcy petition against the debtor (and the debtor has not obtained the creditor’s permission to apply for a DRO instead). Most debts (“known as “qualifying debts”) are included in a DRO. This includes household utility bills, council tax and consumer debt (like credit and store cards). However, certain types of debt cannot be included in a DRO, these “exclude debts” include: • court fines and confiscation orders (i.e., fines relating to criminal activity) • child support and maintenance • student loans • television licence arrears • loans from the DWP Social Fund (such as budgeting loans) • and debts that have been taken out fraudulently (including benefit overpayments that have occurred as a result of fraud). The debtor must pay these debts separately. Creditors of these debts can still act against the debtor even though the debtor has a DRO in place.
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