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- Why does a change in income matter in a MAP at all?
- What do you have to tell the Accountant in Bankruptcy?
- When does better income move your case out of the MAP?
- What happens if you inherit money or receive a windfall?
- What is the procedure, and can you challenge it?
- Can the contribution order be changed instead?
- What changes if the case does convert?
- Related guides
- Frequently asked questions
You tell the Accountant in Bankruptcy, and it decides what follows. Better pay does not end a Minimal Asset Process by itself, but paragraph 2 of Schedule 1 lets AiB end the minimal asset modifications where it assesses you as able to contribute.
A MAP runs six months from the award. That is short enough that most finances stay flat, and long enough that plenty do not.
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A new job, more hours, a partner moving in, an inheritance or a pension lump sum can all land inside the window. None of them is something you did wrong.
What matters is what you do next, and income and assets are treated differently. How a MAP works covers the six months this sits inside.
Why does a change in income matter in a MAP at all?
Because entry depends on having nothing spare. Section 2(2)(a)(i) requires the common financial tool to assess you as needing to make no contribution at all.
The contribution machinery is already in place
Section 90(1) makes a debtor contribution order mandatory in every sequestration, and section 90(4) allows the amount to be fixed at zero.
The guide for MAP debtors puts it plainly: the order fixes your contribution at zero. Whether you make payments during a MAP covers it in full.
So nothing new has to be created
The order exists even though the figure is nil. That is why a change in income can have an effect quickly.
The prescribed tool is the Common Financial Statement, under regulation 15(1) of the Bankruptcy (Scotland) Regulations 2016.
The assessment is not about gross pay
Section 90(3) requires the tool to be used, and it measures income against allowed expenditure rather than against earnings alone.
Two people on the same wage can be assessed very differently, which whether you can get a MAP while working explains.
What do you have to tell the Accountant in Bankruptcy?
Any change in your income, any money you receive and any inheritance. That requirement comes from AiB’s own guidance rather than from a section of the Act.
Where the duty actually comes from
No provision of the 2016 Act imposes a general, proactive duty on a MAP debtor to report a change in income. Section 215 is a duty to co-operate and contains no notification obligation.
What the Act does give AiB is a power to ask. The version of section 116 that applies in a MAP lets it require a written account of your current state of affairs at any time before discharge, under Schedule 1.
What is a criminal offence, and what is not
Section 218 makes a false statement about your assets or financial affairs an offence, and so is concealing or disposing of part of the estate, in each case unless you show it was not done to prejudice your creditors.
Failing to volunteer news of a pay rise is not framed the same way. Concealing what you have received is a different matter entirely.
What to report, and why each one matters
| The change | Report it? | Why |
|---|---|---|
| A new job or a pay rise | Yes | AiB assessing you as able to contribute is a listed circumstance |
| More hours or regular overtime | Yes | The assessment measures income against allowed expenditure |
| Benefits starting, stopping or changing | Yes | Your route in may have been the prescribed payments route |
| An inheritance, compensation payment or windfall | Yes | Property acquired after the award vests in the trustee |
| Pension payments starting, or a lump sum | Yes | AiB treats benefits coming into payment as relevant to a contribution |
| A partner moving in with their own income | Yes | AiB asks to be told of any change in your circumstances, and how a partner's income is treated is not set out anywhere |
| Moving home or changing bank | Yes | AiB asks to be told of any change in your circumstances |
AiB repeats the duty after discharge as well, asking you to advise your trustee of any change in your circumstances and to return a current state of affairs.
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When does better income move your case out of the MAP?
When AiB decides it should. Paragraph 2(5)(b) of Schedule 1 makes an assessment that you can make a contribution one of the listed circumstances.
The window is wider than the six months
Paragraph 2(5) applies at any time after the date on which the debtor application is made. That includes the period before the award as well as the months after it.
There is no published cash threshold for the income trigger. It runs through the assessment rather than through a figure.
The listed circumstances, and one that is not listed
| The circumstance | The provision | The detail |
|---|---|---|
| An error in the application meaning section 2(2) did not apply | Paragraph 2(3) | Looks back at the application itself |
| A deliberate misrepresentation or omission with the same effect | Paragraph 2(4) | Looks back at the application itself |
| Total assets exceeding the prescribed figure after the application date | Paragraph 2(5)(a) | £2,000, prescribed by regulation 14 |
| An assessment that you can make a contribution | Paragraph 2(5)(b) | This is the income trigger |
| Not co-operating with the trustee, where cessation would benefit creditors | Paragraph 2(6) | Only after the date of sequestration |
| Liabilities rising above £25,000 | Not in Schedule 1 paragraph 2(5) | AiB lists it in its guidance and the statutory list does not contain it |
The guide for MAP debtors adds liabilities over £25,000 to its own list. That is AiB’s guidance rather than a statutory trigger, and the difference is worth knowing.
Timing inside the six months
A rise in month one and a rise in month five are treated the same way on the statute. What changes is how much of the six months is left to run.
Where a decision would take longer than the remaining period, discharge under section 140 may arrive first. That is a practical point rather than a rule.
AiB decides, and nobody else
Not you, and not a creditor. Paragraph 2(2) puts the duty to consider on AiB alone.
What happens if you inherit money or receive a windfall?
It vests in the trustee. Section 86 vests property acquired after the date of sequestration in the trustee at the date of acquisition, and no court order is needed.
There is no small sum exception
A modest inheritance is caught by the same words as a large one. Tell AiB before you spend any of it.
Where the money is sitting in a bank account, section 86(9) requires the trustee to serve a written notice on the bank once it knows.
The asset figure, and the one people quote wrongly
Paragraph 2(5)(a) reads £5,000 on the face of the Act. Regulation 14 prescribes £2,000 in its place and has been unamended since 30 November 2016.
That aligns the in-process trigger with the entry test. How assets are valued against the £2,000 limit and what happens to your savings both deal with the valuation side.
A pension lump sum can fire both triggers
AiB’s guidance says benefits coming into payment during the bankruptcy, including a lump sum, are taken into account for a contribution, and the trustee may seek a one-off contribution.
So it can breach the asset figure and produce an assessed contribution at once. Whether you lose your pension in a MAP sets out how far the sources go.
What is the procedure, and can you challenge it?
There is a proper procedure with deadlines on both sides. Paragraphs 3 and 4 of Schedule 1 give you 14 days to make representations and 14 days to appeal to the sheriff.
The steps, in order
| What happens | The provision | The detail |
|---|---|---|
| AiB considers whether the modifications should cease | Paragraph 2(2) | AiB decides, not you and not a creditor |
| AiB notifies you of the circumstances relied on | Paragraph 3(1) and (2) | It must also tell you about representations |
| You make representations | Paragraph 3(2)(b) | Within 14 days of the notification |
| AiB decides and gives written notice of the effect | Paragraph 3(3) and (4) | After taking your representations into account |
| You appeal to the sheriff | Paragraph 4(2) and (3) | Within 14 days after the day the notice is given |
| You send a statement of assets and liabilities | Paragraph 5(2) | Within 7 days of the appeal period expiring or the appeal ending |
| You give an account of your state of affairs | Paragraph 5(4) | Within 60 days of cessation, then every 6 months |
What the appeal decides
If the sheriff grants the appeal, the minimal asset modifications continue. If it is refused, abandoned or withdrawn, they cease.
Fourteen days is not long. Get the notice to your money adviser the day it arrives.
Nothing pauses while you decide
The six-month clock in section 140 keeps running until the modifications actually cease, which how long a MAP lasts covers.
Can the contribution order be changed instead?
Variation and conversion are different mechanisms. Section 95 lets the trustee vary or quash a contribution order following a change of circumstances, using the common financial tool.
Which one applies is not your choice
Varying an order changes the figure inside the case. Ending the Schedule 1 modifications changes the kind of case you are in.
Both are decisions for AiB on your facts. That is another reason to put your position in writing early rather than waiting to be asked.
If a contribution does become payable
Section 91(2) sets the payment period at 48 months beginning with the date of the first payment, unless a shorter or longer period is determined.
Payments do not stop at discharge. What a debtor contribution order is sets out how one is calculated and collected.
The payment break is narrower than people think
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 also adds the break to the payment period rather than shortening it, so the obligation is deferred rather than reduced.
What changes if the case does convert?
The automatic discharge goes. Section 138(2) lets AiB discharge you at any time after the date which is 12 months after the date sequestration was awarded.
The clock does not restart, it disappears
The twelve months runs from the original award rather than from the conversion. A case converted at month five faces a discretionary decision at month twelve, not at month seventeen.
The bigger change is the word. Is discharged becomes may discharge.
Everything that comes back
| The point | In a MAP | After conversion |
|---|---|---|
| The contribution | Fixed at zero under section 90(4) | Assessed, and payable over 48 months from the first payment |
| Discharge | Automatic six months after the award | A decision AiB may take at any time after twelve months from the original award |
| The six-month clock | Runs by operation of law | It disappears rather than restarting |
| Creditor claims | None, because the claims provisions are disapplied | Creditors may submit claims again |
| The statutory meeting and trustee vote | Disapplied | Available again |
| Reporting | Report changes to the trustee | An account of your affairs within 60 days, then every six months |
Every consequence is set out at whether a MAP can be transferred to full administration, including what AiB says about an additional administration charge.
What does not change
The debts you owed at the date of sequestration remain the debts in the case. Conversion changes how the estate is administered, not what you owed when it started.
What to do the week your income goes up
Tell your money adviser and AiB in writing, and keep the evidence. Do not spend money you have just received until you know whose it is.
Concealment is the one route that makes things markedly worse, and it can lead to a bankruptcy restrictions order. The conditions that follow discharge are at which restrictions still apply after a MAP ends.
Frequently asked questions
Will getting a job automatically end your MAP?
No. AiB has to determine under paragraph 2 of Schedule 1 that the minimal asset modifications cease, and one of the listed circumstances is an assessment that you can make a contribution.
How much extra income is too much?
There is no published cash threshold. The test runs through the common financial tool, which compares income against allowed expenditure, so the answer depends on your outgoings as well as your earnings.
Which law makes you report a pay rise?
None does directly. The Accountant in Bankruptcy requires MAP debtors to report income changes, money received and inheritances in its own guidance, and it can require a written account of your affairs at any time before discharge.
Do you keep an inheritance received during the six months?
Property acquired after the date of sequestration vests in the trustee at the date of acquisition under section 86, and there is no minimum amount in that section. Tell AiB before you spend anything.
Can you challenge a decision to end the MAP modifications?
Yes. You have 14 days to make representations before the decision and 14 days after the notice to appeal to the sheriff, and if the sheriff grants the appeal the modifications continue.
Does a partner moving in count as a change?
It changes your circumstances, and AiB’s guidance asks you to report any change. How a partner’s income is treated in the common financial tool assessment is not set out in the Act, the Regulations or AiB’s guidance, so ask your adviser rather than assuming either way, though their money is not part of your estate.
Does discharge still happen at six months?
Only while the case remains a Minimal Asset Process. Once the modifications cease, the automatic discharge goes with them and discharge becomes a decision AiB may take after twelve months from the original award.
Will a transfer cost you money?
AiB says an additional administration charge may follow a transfer caused by inaccurate information, and that discharge will not be given until it is paid. There is never an application fee for a MAP itself.
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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.