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- What makes a debt a priority debt in Scotland?
- Which bills are priority, and what sits behind each one?
- Why does council tax outrank a much larger credit card?
- How do you work out what you can actually pay?
- What should you do about the non-priority debts meanwhile?
- What if there is not enough for even the priority bills?
- What if money is already coming out of your wages?
- Related guides
- Frequently asked questions
Pay the bills where somebody can take something away from you: rent or mortgage, gas and electricity, council tax, water, court fines, child maintenance and anything already being enforced against your wages. Priority is a question about the enforcement power behind a debt, not about the size of the balance or who is chasing hardest.
When there is not enough to go round, the instinct is to pay whoever sends the most letters. That is almost always the wrong order.
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A £400 council tax arrear outranks a £9,000 credit card. The council can take money out of your wages without ever suing you, and the card issuer cannot.
So the question is not who is shouting. It is what each creditor can actually do if you pay them nothing this month, and which bills are priority debts in Scotland sets out the full list.
What makes a debt a priority debt in Scotland?
The consequence of not paying it. Priority debt is not a statutory category in Scots law at all, it is a money advice concept, and the test money advisers apply is what the creditor can do to you rather than how much you owe.
The test in one line
A priority debt is one where non-payment risks your home, your essential services, or direct enforcement against your income. Everything else is non-priority.
That puts a small council tax balance above a large credit card, and it puts an old catalogue account below the electricity bill. It is a ranking by power, not by principle.
Why the size of the debt is the wrong measure
A credit card issuer has to raise a court action, obtain a decree and serve a charge for payment before it can touch anything. Each of those steps takes time and each gives you a chance to reply.
A council needs none of them. What happens if you do not pay your council tax in Scotland sets out how short that route is.
Which bills are priority, and what sits behind each one?
Housing, energy, water, council tax, child maintenance, benefit overpayments, tax and court fines. The column that matters is the last one, because that is the reason each of them ranks where it does.
The ranking, with the power behind it
| Bill | Priority? | The power behind it |
|---|---|---|
| Rent or mortgage | Priority | Your home is what is at stake, and the tenancy or the security is the lever |
| Gas and electricity | Priority | A statutory power to fit a prepayment meter or disconnect, 28 days after a written demand and after further notice |
| Council tax, including the current year | Priority | A summary warrant granted with no hearing, a 10% addition, then an earnings arrestment with no charge for payment first |
| Water and sewerage | Priority | Billed with council tax and carrying its own separate summary warrant and its own 10% |
| Child maintenance | Priority | A deduction from earnings order that statute takes off before your net earnings are even calculated |
| Benefit and tax credit overpayments | Priority | A Direct Earnings Attachment, which needs no court order and no charge for payment |
| Income tax, National Insurance and VAT | Priority | The same non-judicial summary warrant route the council uses |
| Court fines | Priority | Enforced through the court under the fines enforcement provisions, which are outside the scope of this page |
| Credit cards, loans, catalogues, overdrafts | Non-priority | Letters, a default, and eventually a court action that takes time and gives you a chance to reply |
The two rows people get wrong
Child maintenance outranks an earnings arrestment by statute. Section 73(1)(d) of the Debtors (Scotland) Act 1987 takes a priority child maintenance deduction off before your net earnings are worked out, so the arrestment tables are applied to what is left.
Water and sewerage is not a footnote to council tax either, because it carries its own summary warrant under the Water Industry (Scotland) Act 2002 and its own separate 10%. See what a deduction from earnings order for child maintenance is for the maintenance side.
Energy is statutory too. Paragraph 2 of Schedule 6 to the Electricity Act 1989 and paragraph 7 of Schedule 2B to the Gas Act 1986 let a supplier fit a prepayment meter or disconnect 28 days after a written demand, after further written notice, and neither power reaches an amount genuinely in dispute.
Do not use the English words
| What you will read online | What it is in Scotland |
|---|---|
| Liability order | Summary warrant, granted by the sheriff court on a certificate with no hearing |
| Bailiff or enforcement agent | Sheriff officer, an officer of the court appointed by the sheriff |
| Committal to prison for council tax | Does not exist. Council tax is a civil debt in Scotland and there is no committal power |
| Attachment of earnings order | Earnings arrestment under Part III of the Debtors (Scotland) Act 1987 |
| Standard Financial Statement | Common Financial Statement, the form specified by regulation 15(1) of the Bankruptcy (Scotland) Regulations 2016 |
Why does council tax outrank a much larger credit card?
Because a Scottish council does not need a court hearing to start taking money. It applies to the sheriff court for a summary warrant on a certificate, a 10% statutory addition goes on the outstanding balance, and it can move to an earnings arrestment without serving a charge for payment first.
How fast the route is
You are not a party to the application, you are not cited, and there is nothing to defend at that point. What a summary warrant is covers how one is granted.
From there the council instructs sheriff officers and the diligence follows. That is much faster than any credit card company can move.
And the current year keeps running
An earnings arrestment enforces a fixed sum owed at the date it was executed. This year’s council tax keeps falling due on top of it.
If the current year is not paid the council can obtain a second summary warrant and a second diligence. That is the commonest way a Scottish council tax debt doubles, and it is why council tax debt advice starts with the live bill rather than the arrears.
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How do you work out what you can actually pay?
Write down your income, your essential costs and the difference between them, then split the difference across the priority debts before anything else. A free adviser will put the same figures on a Common Financial Statement, which is the form Scottish statutory debt solutions use.
Work through it in this order
- Total your income after tax, including wages, benefits and any maintenance you receive.
- List your essential costs: housing, energy, water, food, travel to work, childcare, insurance and phone.
- Take one from the other. That difference is what is available for debts.
- Share it across the priority debts first, then offer whatever is genuinely left to the non-priority creditors.
- If the answer is nil, that is still an answer and it is a negotiating document. How to build a budget when money is taken from your wages works through it in detail.
Use the right form
Regulation 15(1) of the Bankruptcy (Scotland) Regulations 2016 specifies the Common Financial Statement as the method for assessing what a debtor can afford. Advice written for a United Kingdom audience will usually say Standard Financial Statement instead.
Either way, using the prescribed format means the figures are worked out the way the statutory scheme requires rather than picked. It is the same budget an adviser will use for a Debt Payment Programme or a moratorium application.
What should you do about the non-priority debts meanwhile?
Tell them what has happened, offer what is genuinely left even if it is a few pounds, and do not borrow to keep them quiet. A non-priority creditor has to go to court before it can enforce anything, and that takes time.
Silence is the thing that escalates
A short letter setting out your position, with a copy of your budget, puts the position on record. Where the creditor is an FCA-authorised firm, CONC 7.3.4R requires it to treat customers in or approaching arrears with forbearance and due consideration.
None of that requires you to keep paying the full contractual amount. What free debt advice is available in Scotland covers who will write those letters for you.
Do not take on new borrowing to pay old debt
Borrowing to cover a shortfall moves the problem forward a month and adds to it. That includes buy now pay later, a credit union top-up taken in a hurry and anything from a doorstep lender.
Where your income genuinely does not cover essentials, the answer is advice and a formal solution. It is not another credit agreement.
What if there is not enough for even the priority bills?
Check your entitlements, then ask about emergency help, then get free debt advice about a formal route. Council Tax Reduction can cover up to 100% of a council tax liability, and a Scottish Welfare Fund Crisis Grant is decided by the end of the next working day.
Check what you are entitled to
- Council Tax Reduction, where the maximum award is 100% of the liability. Which benefits to check if you are struggling with council tax covers the wider check.
- The 25% single person discount where you are the only adult in the property.
- Disregards for full-time students, apprentices, care leavers under 26, live-in carers and people who are severely mentally impaired.
- The disabled band reduction, where a disabled resident needs an extra room, an extra bathroom or kitchen, or space for a wheelchair indoors.
Emergency help, and what it cannot do
A Crisis Grant is for an emergency or disaster causing an immediate threat to health or safety, and can cover heating. What a Crisis Grant is and how to apply sets out the conditions, which come from the Welfare Funds (Scotland) Regulations 2016.
Owing the council money is not a reason to refuse you. The guidance tells local authorities not to refuse a Crisis Grant or a Community Care Grant because the applicant has outstanding debts to the authority.
What a grant cannot do is pay the arrears themselves. Its job is to keep food and heating in the house while the arrears are dealt with another way.
Ask the energy supplier to look at your income
A supplier has to take all reasonable steps to work out your ability to pay before it sets an instalment, under Standard Licence Condition 27.8. What help is available with energy bills in Scotland covers the rest of it.
What if money is already coming out of your wages?
Get free advice quickly, because the routes that stop an earnings arrestment are formal ones. The deduction is fixed by Schedule 2 to the Debtors (Scotland) Act 1987 and no sheriff can reduce it on affordability grounds.
What the tables take
Monthly net pay of £750.00 or less produces a nil deduction, and the weekly figure is £172.61. The tables have been in force since 6 April 2025, and monthly net pay of £1,800.00 produces £172.50 a month.
Deductions come out of net pay after tax, National Insurance and pension contributions, and your employer may take £1.00 per deduction on top. How much they can take from your wages in Scotland works through the bands.
The routes that do change the position
| Route | What it does to an existing arrestment | The condition |
|---|---|---|
| Debt Payment Programme under the Debt Arrangement Scheme | Stops an existing earnings arrestment once the programme is approved | Interest, fees and charges frozen and written off on completion |
| Statutory moratorium | Six months of protection against new diligence | One per rolling 12 months, and it does not stop an arrestment already running |
| Time to pay order | The sheriff must recall an existing earnings arrestment where an order is made | Debt outstanding £25,000 or less excluding interest |
| Sequestration or the Minimal Asset Process | An existing arrestment ceases on the date of sequestration | Automatic, with no separate application |
| Protected trust deed | An existing arrestment ceases on the date of protection | Protection, not signing, is the trigger |
A Debt Payment Programme runs under the Debt Arrangement Scheme, and what the Debt Arrangement Scheme is explains how one is approved. A time to pay direction is a different application and is not available on summary warrant debt.
A statutory moratorium is the exception in that table.
It does not stop an earnings arrestment that was already running. Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order that came into effect before the moratorium began.
Frequently asked questions
Which bills should I pay first if I cannot pay them all?
Rent or mortgage, gas and electricity, council tax, water, court fines, child maintenance and benefit overpayments come before anything else. They are priority debts because the creditor can reach your home, your supply or your wages without the slow route through court.
Is a priority debt a legal category in Scotland?
No. It is a money advice concept rather than a statutory one, and because the test is the enforcement power behind the debt a small council tax balance can outrank a much larger credit card.
Is council tax a priority debt in Scotland?
Yes. A council can obtain a summary warrant with no court hearing, add a 10% statutory addition, and then instruct sheriff officers to arrest your wages or your bank account.
Are priority bills in Scotland the same as in England?
The principle is the same and the machinery is not. Scottish councils use summary warrants and sheriff officers rather than liability orders and bailiffs, and non-payment of council tax cannot lead to imprisonment here.
Can I be sent to prison for not paying council tax in Scotland?
No. Council tax is a civil debt in Scotland, there is no committal power of the kind that exists in England and Wales, and non-payment is not a criminal offence.
Should I keep paying my credit card while I have council tax arrears?
Pay the council tax first. A credit card is non-priority, so the short-term consequence is a default, whereas a council holding a summary warrant can instruct an earnings arrestment without suing you at all.
What if my budget shows nothing available at all?
That is information rather than failure, and it is the document a money adviser needs. A nil budget supports an application for a statutory moratorium and it supports an offer of a token payment to non-priority creditors.
Will a payment arrangement stop a wage arrestment?
It can where the creditor agrees to recall it, but a council is not obliged to agree. The routes that stop an existing arrestment by law are an approved Debt Payment Programme, sequestration, a protected trust deed and a time to pay order.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.