What changes have been made to the original Personal Insolvency Bill?

The debate continued here

Excluded debts

Section 2: In page 11, subsection (1), between lines 7 and 8, to insert the following:
  • “ “excludable debt”, in relation to a debtor, means any:
    • (a) liability of the debtor arising out of any tax, duty, levy or other charge of a similar nature owed or payable to the State;

      (b) amount payable by the debtor under the Local Government (Charges) Act 2009;

      (c) amount payable by the debtor under the Local Government (Household Charge) Act 2011;

      (d) liability of the debtor arising out of any rates due to the local authority (within the meaning of the Local Government Act 2001);

      (e) debt or liability of the debtor in respect of moneys advanced to the debtor by the Health Service Executive under the Nursing Homes Support Scheme Act 2009;

      (f) debt due by the debtor to any owners’ management company in respect of annual service charges under section 18 of the Multi-Unit Developments Act 2011 or contributions due under section 19 of that Act;

      (g) debt or liability of the debtor arising under the Social Welfare Consolidation Act 2005;
    “excluded debt”, in relation to a debtor, means any:
    • (a) liability of the debtor arising out of a domestic support order;

      (b) liability of the debtor arising out of damages awarded by a court (or another competent authority) in respect of personal injuries or wrongful death arising from the tort of the debtor;

      (c) debt or liability of the debtor arising from a loan (or forbearance of a loan) obtained through fraud, misappropriation, embezzlement or fraudulent breach of trust;

      (d) debt or liability of the debtor arising by virtue of a court order made under the Proceeds of Crime Acts 1996 and 2005 or by virtue of a fine ordered to be paid by a court in respect of a criminal offence;”
Pension assets excluded

I have opened a separate thread on this.

A reasonable standard of living

Section 23: In page 24, before section 23, but in Part 2, to insert the following new section:
  • 23.—(1) The Insolvency Service shall, for the purposes of sections 24, 60(4) and 95(4) and section 85D (as inserted by section 146) of the Bankruptcy Act 1988, prepare and issue guidelines as to what constitutes a reasonable standard of living and reasonable living expenses.

    (2) Before issuing guidelines under subsection (1), the Insolvency Service shall consult with the Minister, the Minister for Finance, the Minister for Social Protection and such other persons or bodies as the Insolvency Service considers appropriate or as the Minister may direct.

    (3) In preparing guidelines to be issued under subsection (1), the Insolvency Service shall have regard to—
    • (a) such measures and indicators of poverty set out in Government policy publications on poverty and social inclusion as the Insolvency Service considers appropriate,

      (b) such official statistics (within the meaning of the Statistics Act 1993) and surveys relating to household income and expenditure published by the Central Statistics Office as the Insolvency Service considers appropriate,

      (c) the Consumer Price Index (All Items) published by the Central Statistics Office or any equivalent index published from time to time by that Office,

      (d) such other information as the Insolvency Services considers appropriate for the performance of its functions under this section,

      (e) differences in the size and composition of households, and the differing needs of persons, having regard to matters such as their age, health and whether they have a physical, sensory, mental health or intellectual disability, and

      (f) the need to facilitate the social inclusion of debtors and their dependants, and their active participation in economic activity in the State.
    (4) Guidelines issued under subsection (1) may provide examples of—
    • (a) expenses that may be allowed as reasonable living expenses, and

      (b) expenses that may not be allowed as reasonable living expenses.
    (5) The Insolvency Service shall make guidelines issued under subsection (1) available to members of the public on its website.

    (6) Subject to subsection (7), the Insolvency Service shall issue guidelines under subsection (1) at intervals of such length, not being more than one year, as it considers appropriate.

    (7) Failure by the Insolvency Service to comply with subsection (6) shall not render invalid for the purposes of this Act the guidelines most recently issued by it under this section.”.




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