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- What are the two asset tests you have to pass?
- How is an asset supposed to be valued?
- Which of your belongings are left out of the count?
- How is a car valued for the £3,000 disregard?
- How are savings, policies and jointly owned things treated?
- What does that look like on real figures?
- What happens if your assets go over £2,000 after the award?
- Related guides
- Frequently asked questions
Nobody has ever said. Section 2(4) of the Bankruptcy (Scotland) Act 2016 lets Scottish Ministers make regulations about how the value of a debtor’s assets is to be determined, and no such regulations have been made.
What is fixed is the two tests and the date they are measured on. Your total must not exceed £2,000, no single asset may exceed £1,000, and both bite on the day the application is made.
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Both figures have stood unamended since 30 November 2016, and so has the £3,000 vehicle disregard. What has never been settled is how anything is to be valued against them.
What the Accountant in Bankruptcy publishes about valuation covers a vehicle and an insurance policy, and nothing else. For anything else, the honest answer is to ask your adviser.
That is more useful than a made-up rule, because the exclusions do most of the work anyway. How a MAP works covers the process these tests sit inside.
What are the two asset tests you have to pass?
Your assets must be worth no more than £2,000 in total under section 2(2)(c), and no single item may be worth more than £1,000 under section 2(2)(d).
Gross, not net
Section 2(2)(c) measures the total value of your assets leaving out of account any liabilities. It is a value test rather than an equity test.
So money owed on an item does not reduce it. That catches people who have worked their position out on what they would be left with.
Failing either one is enough
The two tests are separate and both have to be satisfied. Someone with £1,800 of assets in total still fails if one of those items is worth £1,200.
The date is the date of the application
Both tests apply on the date the debtor application is made. The Accountant in Bankruptcy’s evidence checklist works to the date the application is signed and asks for statements verifying balances then.
How is an asset supposed to be valued?
Nothing sets out how an asset is to be valued for these limits. Section 2(4) allows valuation regulations to be made and none ever has been, so ask your money adviser how yours will be treated.
The power exists and has never been used
Section 2(4) is the enabling provision. The whole of the Bankruptcy (Scotland) Regulations 2016 runs to 34 regulations and three schedules, and not one of them prescribes how value is to be determined.
Market value, resale value, forced-sale value and insurance value are all absent from the Act and from the regulations. None of them is the rule, because there is no rule.
What the Accountant in Bankruptcy does publish
| What you own | The valuation basis published | Where it comes from |
|---|---|---|
| A vehicle | An independent recognised source, such as Glass's guide, Parkers or a car dealership | AiB guidance on assets, paragraph 4.9 |
| A life or endowment policy | The immediate realisation or surrender value | AiB guidance on assets, paragraphs 4.13 and 4.14 |
| A bank balance | The balance at the date the application is signed | AiB's evidence checklist |
| Everything else you own | Nothing is published | Section 2(4) allows valuation regulations and none has been made |
| A jointly owned item | Nothing is published | No source says whether the whole value or your share is counted |
| A pension | Nothing is published | Not addressed by the Act, the Regulations or AiB's guidance |
Those three come from chapter 4 of the guidance on assets and the evidence checklist. There is no general instruction covering a sofa, a laptop or a bicycle.
What that means for you in practice
Put a sensible figure on ordinary belongings and let your adviser test it. If an item is close to £1,000, get the point decided before the application is signed rather than after.
That is not a hedge. It is the only honest answer available from the published material.
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Which of your belongings are left out of the count?
Three categories, all in section 2(3): property that would be excluded from vesting in the trustee, a qualifying vehicle, and any other property of a prescribed type.
The first category does most of the work
Section 2(3)(a) removes from the calculation anything that would be excluded from vesting under any enactment. National Debtline puts the same point in plainer words: basic household items do not count.
Your bed, your cooker and your washing machine are not going into the arithmetic. Nor is anything else the enactments keep out of the trustee’s hands.
Tools of the trade
The Accountant in Bankruptcy’s debtor guide says you may keep tools you need for your trade up to a value of £1,000. It gives no statutory citation for that figure, so treat it as AiB’s stated position.
What is counted and what is not
| What you own | Counted towards the tests? | Why |
|---|---|---|
| Money in bank and savings accounts | Counted | Balance at the date the application is signed |
| A life or endowment policy | Counted | At its immediate surrender value |
| A vehicle you reasonably require, worth up to £3,000 | Not counted at all | Disregarded by section 2(3)(b) |
| A vehicle worth more than £3,000 | Counted at full value | No partial disregard applies |
| Essential household goods inside your home | Not counted | Removed by section 2(3)(a), which excludes property that would not vest |
| Land or heritable property | Not a valuation question | Owning land is an absolute bar under section 2(2)(e) |
How is a car valued for the £3,000 disregard?
A vehicle you reasonably require and which is worth no more than £3,000 is left out of the asset calculation altogether, under section 2(3)(b).
Three things have to line up
You must reasonably require the use of a vehicle, the value must not exceed £3,000, and the vehicle must be owned by you. Reasonable requirement is not defined in the Act.
The guidance on assets warns that the valuation matters because the legislation lets a debtor keep a vehicle only up to £3,000 in value and only where it is reasonably required.
Where the number has to come from
A valuation is expected from an independent recognised source such as Glass’s guide, Parkers or a car dealership. A figure you have arrived at yourself will not carry the point.
Where the car is on Motability or hire purchase, the checklist asks for the agreement instead, because you do not own it outright.
The cliff edge above £3,000
There is no partial relief. A vehicle above the ceiling is counted at its full value, which breaks both tests, and the checklist says in terms that the criteria will not be met.
So a car valued at £3,100 is treated very differently from one valued at £2,900. Whether you can keep your car in a MAP works through the figures.
How are savings, policies and jointly owned things treated?
The Accountant in Bankruptcy’s evidence checklist treats savings above £1,000 across all your accounts as defeating a Minimal Asset Process application. That is its practice rather than something the Act states.
Notice which test that is applied to
The effect is that the Accountant in Bankruptcy applies £1,000 rather than £2,000 to pooled savings, and it does not say which subsection it is applying. That is stricter than reading the two subsections separately would suggest.
It is application practice set out in AiB’s own checklist and no authority is given for it. What happens to your savings in a MAP sets out how far the published material goes.
The checklist also watches the run-up
Where a balance comes near £1,000 at any point in a statement period, verification of the balance at the date of signing will be requested. Have the statements ready.
Policies count at surrender value
The guidance on assets tells advisers to establish any immediate realisation value, and says a surrender value above £1,000 will make a debtor ineligible for a MAP.
Get that figure in writing before anything is signed. It is one of the commonest reasons an application that looked fine does not qualify.
Joint ownership and pensions are both unanswered
No source addresses how a jointly owned item is counted, whether at its full value or at your share of it. A joint bank account is the case most people ask about and it is not answered anywhere published.
The same is true of pensions. Whether you lose your pension in a MAP and what happens to a jointly owned asset each set out exactly how far the sources go.
What does that look like on real figures?
Better than an abstract rule. Below are eight positions, with what happens to each and why, using only what the Act and the published guidance actually say.
Eight worked cases
| The position | The outcome | The reason |
|---|---|---|
| £1,800 of belongings, nothing worth more than £600 | Passes both tests | Under £2,000 in total and under £1,000 for any one item |
| £1,800 of belongings, one of them a £1,200 laptop | Fails | The total is fine and the single-asset cap in section 2(2)(d) is breached |
| £1,500 of belongings and a £2,600 car you need for work | Passes | The car is disregarded entirely, so only £1,500 is counted |
| £1,500 of belongings and a £3,400 car you need for work | Fails | No disregard applies above £3,000, so the car is counted in full and breaks both tests |
| £1,100 in savings spread across two accounts | Treated as failing | AiB's checklist says savings over £1,000 across more than one account do not meet the criteria |
| A policy with a £1,200 surrender value | Fails | AiB's guidance says a surrender value over £1,000 affects eligibility |
| A half share in a flat | Fails | Not a valuation question. Owning land is a flat bar |
| A half share in a car worth £1,600 | Not answered | Nothing published says whether your share or the whole value is counted |
One thing the table cannot tell you
Where a figure is arguable, the outcome depends on what your adviser and the Accountant in Bankruptcy accept. That is a consequence of there being no prescribed valuation method rather than of anyone being difficult.
What the pattern shows
A savings balance and a policy surrender value are the two easiest things to check in advance. Both are checked against the £1,000 figure rather than the £2,000 one.
The debt side has its own carve-out worth knowing about. Which debts count towards the MAP debt limit covers the student loan point that most pages get wrong.
What happens if your assets go over £2,000 after the award?
The case can stop being a MAP. Paragraph 2 of Schedule 1 lets the Accountant in Bankruptcy end the MAP modifications where your total assets exceed a prescribed figure.
The figure trap in the Act
Paragraph 2(5)(a) reads £5,000 on the face of the Act. Regulation 14 prescribes £2,000 in its place, and £2,000 is the figure that operates.
Anyone quoting the Act without the regulations will give you the wrong number. It is the commonest legislative trap in this whole subject.
How assets rise without you doing anything
Section 86 vests property acquired after the date of sequestration in the trustee at the date of acquisition, with no lower limit written in.
An inheritance in month three can do it on its own. Whether a MAP can be transferred to full administration sets out what changes if it happens.
Which is why the reporting matters
The Accountant in Bankruptcy tells MAP debtors to report income changes, money received and inheritances. Do it early and in writing, and how to apply for a MAP covers what the application itself has to disclose.
Before any of it, get the eight entry conditions checked against your own figures. Whether you are eligible for a MAP runs through each of them, and whether owning a house rules you out covers the one that is not about value at all.
Frequently asked questions
What is the £2,000 asset limit for a MAP?
Section 2(2)(c) caps the total value of your assets at £2,000 on the date the debtor application is made, leaving liabilities out of account, and section 2(2)(d) separately caps any single asset at £1,000.
How is the value of an item worked out?
No valuation basis is prescribed. Section 2(4) allows regulations about how value is to be determined and none has ever been made, so ask your money adviser how yours will be treated.
Do household items count towards the limit?
Essential goods inside your home do not. Section 2(3)(a) removes from the calculation property that would be excluded from vesting, which National Debtline sums up as basic household items not counting.
Can you keep your car?
A vehicle you reasonably require is disregarded entirely where its value does not exceed £3,000, under section 2(3)(b). Above that figure there is no disregard at all and it is counted at full value.
How much can you have in savings and still qualify?
The Accountant in Bankruptcy’s evidence checklist says savings totalling more than £1,000 across more than one account mean the MAP criteria are not met. That is its application practice rather than something the Act states.
Does an insurance policy count?
Yes, at its immediate surrender value rather than the sum assured. AiB’s guidance warns that a surrender value above £1,000 will make a debtor ineligible for a MAP.
What if you own something jointly?
Nothing published says whether your share or the whole value is counted, and a joint bank account is the sharpest version of that question. Settle it with your adviser and with AiB before applying.
Are your assets checked again after the award?
Yes. If your total assets exceed the £2,000 prescribed by regulation 14, the Accountant in Bankruptcy can end the MAP modifications under Schedule 1 paragraph 2 and move the case to full administration.
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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.