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- Why is a contribution order made if the amount is zero?
- Why does the assessment produce nil?
- Do your creditors receive any payment during a MAP?
- Can the order ever be changed while the MAP is running?
- What happens if your income improves during the six months?
- What would change if your MAP became a full administration?
- Which debts do you still have to pay?
- Related guides
- Frequently asked questions
No. A debtor contribution order is still made in a Minimal Asset Process, but section 90(4) of the Bankruptcy (Scotland) Act 2016 allows the amount to be fixed at zero, and in a MAP it is.
That is worth stating plainly, because pages ranking for this question say otherwise. Some list years of monthly payments among the risks of a MAP.
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Nil is not a concession granted at the end of the process. It is the condition you had to meet to get in.
What follows is why the order exists at all, what it can still do, and the one thing that changes the picture. How a MAP works covers the process around it.
Why is a contribution order made if the amount is zero?
Because it is compulsory. Section 90(1) says the Accountant in Bankruptcy must make one, and on a debtor application it is made at the same time as the award.
What the guidance says in plain words
The Accountant in Bankruptcy’s guide for MAP debtors puts it in one sentence: your debtor contribution order will fix your contribution at zero.
Section 90(4) is the provision that permits a zero figure. Without it, a mandatory order would sit awkwardly with a route designed for people who can pay nothing.
The order does not take effect immediately
Section 90(9) says an order must not take effect before 14 days from the day you are notified of it. That window exists so you can ask for it to be looked at again.
Why some pages describe it as a payment plan
The contribution order machinery is the same in both bankruptcy routes, and in the longer one it does produce a monthly figure. Pages that describe one route and label it the other are the source of most of the confusion here.
The difference is not in the order. It is in who is allowed through the door in the first place.
What a live order at zero is actually for
| The feature | What it means | The provision |
|---|---|---|
| It is mandatory | AiB must make one in every sequestration | Section 90(1) |
| It can be zero | The order may fix the contribution at zero | Section 90(4) |
| It is assessed, not guessed | AiB must use the common financial tool | Section 90(3), with regulation 15 |
| It can be varied later | The trustee may vary or quash it after a change of circumstances | Section 95(1) |
| It carries review rights | Application within 14 days, then an appeal to the sheriff | Section 92 |
| It survives your discharge | The requirement to pay applies irrespective of discharge, where there is anything to pay | Section 93(2) |
Why does the assessment produce nil?
Because of how the tool works and who the route is for. Regulation 15(7) of the Bankruptcy (Scotland) Regulations 2016 says that if the debtor has income solely from social security benefits and tax credits, no contribution is due.
The two entry routes both point at zero
There are two ways in. Either the common financial tool shows you can pay nothing towards your debts, or you have been receiving certain benefits for at least six months.
The first route is a nil assessment by definition. The second is an income position that the regulation treats as producing no contribution.
Nothing reverts at the end
Several pages say your finances are reviewed at six months and repayment restarts if they have improved. There is no such provision in the Act.
What happens at six months is discharge. A change during the six months is dealt with while the case is running, not afterwards.
How the tool measures surplus
Regulation 15(2) takes your whole surplus income above the lower of the published trigger figures for reasonable expenditure or your actual spending in each category.
It is arithmetic against published figures rather than a caseworker’s view of your budget. How a debtor contribution order is calculated sets the method out in detail.
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Do your creditors receive any payment during a MAP?
No, and they never will. Paragraph 1 of Schedule 1 disapplies sections 122 and 131, so a Minimal Asset Process has no creditor claims process and no dividend at any stage.
The statement that goes to creditors says so
Paragraph 1(2) substitutes a version of section 42 under which the Accountant in Bankruptcy prepares a statement recording that no claims may be submitted by creditors. A copy goes to every known creditor.
The Accountant in Bankruptcy is the trustee in every MAP because section 51(11) bars the appointment of a nominated insolvency practitioner and section 51(12) then deems AiB appointed.
Paragraph 1(6) removes sections 44, 48 and 49 as well. That takes away the statutory meeting and the creditors’ vote on the trustee.
What creditors do instead
They are notified, the award is entered on the Register of Insolvencies, and enforcement for debts claimable in the sequestration stops. An earnings arrestment ceases on the date of sequestration, and whether a MAP stops an existing wage arrestment covers what happens to money already taken.
Can the order ever be changed while the MAP is running?
Yes, in both directions. Section 95(1) lets the trustee vary or quash a contribution order after a change in your circumstances, on your application or on the trustee’s own view.
How a variation works
Section 95(2) requires the common financial tool to be used again. Section 95(3) stops a variation the trustee has initiated taking effect for 14 days.
You also have review and appeal rights. Section 92 covers the order itself and section 97 covers a decision on variation or a payment break.
The payment break is not available on request
A payment break of up to six months is possible, but it is not available on request. Section 96 requires your disposable income to have fallen by at least half, because of one of seven listed changes in your circumstances, and the decision is still a discretionary one.
Section 96 sets three separate hurdles, and pages describing it as something you can simply ask for are describing a provision that does not exist.
What section 96 actually requires
| The requirement | What it means | The provision |
|---|---|---|
| The fall in income | Disposable income down by at least 50 per cent, measured with the common financial tool | Section 96(3)(a) |
| The cause | One of the circumstances listed in the subsection, such as unemployment or a change of employment, parental or carer's leave, illness, divorce, dissolution and separation, and the death of a person who cared for a dependant alongside you | Section 96(4) |
| How often | Once only, on a contribution order applying after sequestration | Section 96(3)(b) |
| How long | Up to six months of deferred payments | Section 96(2) |
| Is it automatic? | No. The trustee grants it only if it is fair and reasonable | Section 96(6) |
| What it does to the term | The break is added to the payment period rather than shortening it | Section 96(9) |
None of that arises while the figure is zero. It matters if your case stops being a Minimal Asset Process.
What happens if your income improves during the six months?
Two different things can follow. The order can be varied under section 95, or the Accountant in Bankruptcy can end the MAP modifications altogether under paragraph 2 of Schedule 1.
The conversion trigger
Paragraph 2(5)(b) covers an assessment that you are able to make a contribution, and paragraph 2(5)(a) covers total assets above a prescribed figure. Regulation 14 prescribes £2,000, which replaces the £5,000 printed on the face of the Act.
That prescribed figure has stood unamended since 30 November 2016. Anyone quoting the £5,000 is reading the Act without the regulation.
You get 14 days to make representations before the decision, and 14 days to appeal to the sheriff afterwards. What happens if your income improves sets out the sequence.
The duty to tell them, and where it comes from
The Accountant in Bankruptcy tells MAP debtors to report income changes, money received and inheritances. That instruction is its guidance rather than a section of the Act.
What the Act does impose is different in shape. Section 215 requires you to co-operate with your trustee, and the version of section 116(2) that applies in a MAP lets the Accountant in Bankruptcy ask you for a written account of your affairs at any time before discharge.
The practical answer is the same either way. Tell them early, and tell them in writing.
What would change if your MAP became a full administration?
Almost everything about the payment position. The claims and dividend machinery switches on, a real contribution can be assessed, and the automatic discharge disappears.
The two regimes on money
| The point | Minimal Asset Process | Full administration |
|---|---|---|
| The contribution | Fixed at zero | Assessed by the common financial tool, over a payment period of up to 48 months |
| When the 48 months runs from | Not applicable | The date of the first payment, under section 91(2)(a) |
| Creditor claims | None. Section 122 is disapplied | Claims are submitted and adjudicated |
| Dividends | None. Section 131 is disapplied | Paid where funds allow |
| Who is trustee | Always the Accountant in Bankruptcy | AiB or an insolvency practitioner, and creditors may vote |
| Discharge | Automatic six months after the award, with no power to defer it | A decision, at any time after twelve months from the award |
The 48 months does not run from where people think
Section 91(2)(a) defines the payment period as the 48 months beginning with the date of the first payment. It is not measured from the date of sequestration.
Section 93(2) then adds that the requirement to pay applies irrespective of your discharge, so payments outlive it. The difference between a MAP and full sequestration covers the rest of the change.
And the clock does not restart
The automatic six-month discharge exists only while paragraph 1 of Schedule 1 is in force. Once it goes, discharge becomes a decision that can be taken at any time after twelve months from the date sequestration was awarded, and whether a MAP can be transferred explains what that means for someone converted in month five.
Which debts do you still have to pay?
The short list in section 145(3), a student loan, and everything that falls due after the date of the award.
What survives the discharge
- Fines and penalties due to the Crown, and a fine imposed in a justice of the peace court.
- Compensation orders and forfeited sums deposited in court.
- Liability incurred by reason of fraud or breach of trust.
- Aliment and periodical allowance on divorce, and the duty to co-operate with your trustee.
Student loans are outside the list
They survive by section 145(7), which leaves the student loan regulations untouched, and they are also left out of the £25,000 entry limit. Whether a MAP writes off all your debts deals with both halves.
And the bills that keep arriving
Rent, current council tax, energy and food are yours throughout. National Debtline makes the same point, and falling behind during the six months creates arrears the bankruptcy does not touch.
If you are weighing this against a route that does involve monthly payments, MAP against a trust deed runs the comparison, and how long a MAP lasts sets out the timetable.
Frequently asked questions
Is the MAP contribution always zero?
The Accountant in Bankruptcy states that a MAP debtor contribution order fixes contributions at zero, and section 90(4) is the provision that allows a zero figure. The entry conditions mean an applicant has either a nil assessment or prescribed payments as their only income.
Why make an order at all then?
Section 90(1) makes an order compulsory in every sequestration, and Schedule 1 does not disapply it for a MAP. A live order is also what allows the position to be varied if your circumstances change.
Could you be asked to pay for four years?
Not in a Minimal Asset Process. The 48-month payment period belongs to a contribution order in a full administration, and it runs from the date of the first payment rather than from the date of sequestration.
What happens if you start work during your MAP?
Tell the Accountant in Bankruptcy. It can vary the order under section 95, or end the MAP modifications under Schedule 1 paragraph 2 where it assesses you as able to make a contribution.
Can you get a payment break?
Section 96 requires a fall of at least 50 per cent in disposable income caused by one of seven listed circumstances, and the trustee still has to think a break fair and reasonable. It also extends the payment period rather than shortening it.
Can you pay a creditor directly during a MAP?
There is no claims process and no dividend, so there is no route for creditors to be paid through the bankruptcy. Speak to your money adviser before paying anyone, because it may affect how your case is assessed.
Do you keep paying rent, energy and current council tax?
Yes. Discharge covers the debts you owed at the date of the award, so anything falling due afterwards stays your responsibility.
Does anything have to be paid to apply?
No. There is no application fee for a Minimal Asset Process, and the money advice you need beforehand is available free.
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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, National Debtline and Advice Direct Scotland.