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- Does your employer have to be told about a Debt Payment Programme?
- What does a payment mandate actually tell your employer to do?
- Is a Debt Payment Programme recorded anywhere someone could look it up?
- Which job restrictions apply to bankruptcy but not to the scheme?
- Can you be a company director or run a business during a programme?
- What happens to a wage arrestment already running through payroll?
- What should you do if you change jobs during a programme?
- Related guides
- Frequently asked questions
A Debt Payment Programme is not insolvency and does not make you bankrupt, so none of the restrictions that follow a sequestration attach to it. Your employer is involved only where payment runs through payroll on a mandate.
People ask this for two different reasons. Some are worried their manager will find out, and some work in a role where money trouble has to be declared.
Worried your employer will find out about a programme? Check who is told.
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The honest qualification is that there is a public register. It is free to search and open to anyone, and no article should pretend otherwise.
Here is what the regulations fix, what is on the register, and which restrictions belong to bankruptcy rather than to the scheme. How the Debt Arrangement Scheme works covers the scheme itself.
Does your employer have to be told about a Debt Payment Programme?
No. Nothing in the regulations requires you to tell an employer, and only one of the ways of paying involves your workplace at all.
How the money reaches your payments distributor
| Method of payment | Does your employer see it? | Provision |
|---|---|---|
| A payment mandate to your employer | Yes. Payroll deducts the sum in the instruction on every pay day and passes it on | Regulation 31(1)(a), with regulation 32 |
| Any other method agreed between you and your payments distributor | No. Nothing goes near your workplace | Regulation 31(1)(b), as substituted on 4 November 2019 |
| A method the DAS Administrator approves because it makes completion more likely | No, unless the method itself involves your employer | Regulation 31(2) |
Regulation 31 used to carry a closed list of four methods. It was substituted on 4 November 2019 and is now open-ended, so the choice is between a mandate and whatever else you and the distributor agree.
What that means in practice
Regulation 31 offers a mandate to your employer or any other method you and the payments distributor agree, and it designates neither as the default. What a payments distributor does explains who receives the money and splits it.
Where the method you agree does not involve payroll, your workplace does not come into it. Which method to use is a decision to take with your money adviser.
The one qualification to that
A programme can be approved subject to conditions, and regulation 28(2)(b) lists signing and delivering a payment instruction to an employer as one of the conditions available.
So it is a possibility rather than a certainty, and it is a matter for the DAS Administrator on your particular application. Ask your adviser whether anything in your case makes it likely.
What does a payment mandate actually tell your employer to do?
It tells payroll to deduct the sum specified on every pay day and pay it to the payments distributor as soon as is reasonably practical. Regulation 32 governs it, and you can recall it.
The recall is the point most pages miss
Regulation 32(3) says the employer makes the payments until the instruction is recalled by you, where another payment method approved under regulation 31 is substituted.
It can also end by notice from the DAS Administrator or your continuing money adviser under regulation 44 or regulation 46(2). Those are the revocation and completion routes.
It is not an earnings arrestment
A mandate is a voluntary instruction you sign and can withdraw by changing method. An earnings arrestment is diligence, served by a creditor, and you cannot call it off.
That distinction matters if your payroll department has seen an arrestment schedule before. Can your employer sack you for having a wage arrestment deals with the arrestment side.
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Is a Debt Payment Programme recorded anywhere someone could look it up?
Yes. The DAS Register is a free web-based register accessible to everyone, kept by the Accountant in Bankruptcy, and that is the honest qualification to everything else on this page.
What it holds
The Accountant in Bankruptcy’s guidance describes the entry as holding your full name including any former names, your date of birth, your home address and any previous address.
It records applications, approvals, variations, reviews and appeals. It is a legal register of the scheme rather than anything to do with your employment.
What it is not
It is not the Register of Insolvencies. A Debt Payment Programme does not appear there, because it is not an insolvency.
There is also a sensitivity exception. AiB publishes a separate sensitivity obligation for public registers covering information whose inclusion would put someone at risk.
What the register is and who can search it goes through the entry in detail, including how to raise a sensitivity concern.
Which job restrictions apply to bankruptcy but not to the scheme?
All of them. The restrictions people have in mind attach to an undischarged bankrupt, and someone repaying their debts through a programme is not one.
Side by side
| The restriction | In bankruptcy | In a Debt Payment Programme |
|---|---|---|
| Being a company director | mygov.scot says a bankrupt cannot be a director, and section 11 of the Company Directors Disqualification Act 1986 applies to an undischarged bankrupt | No restriction. A programme is not insolvency and you are not an undischarged bankrupt |
| Creating, managing or promoting a company | mygov.scot lists this among the things a bankrupt cannot do | No restriction |
| Being an MP, a Justice of the Peace or a local council member | mygov.scot lists all three | No restriction |
| Working as an insolvency practitioner | mygov.scot lists it | No restriction |
| Appearing on the Register of Insolvencies | The award is recorded there | Not recorded there. A programme goes on the DAS Register |
That middle column is mygov.scot’s own list, taken from its bankruptcy restrictions page and its page on how bankruptcy can affect you, which says in terms that it is not a complete list.
The one limb with a statute behind it
The directorship prohibition is in section 11 of the Company Directors Disqualification Act 1986, and it bites on an undischarged bankrupt. A Debt Payment Programme does not make you one.
A Debt Payment Programme is not an insolvency solution. You repay the debt in full, and what changes is the pressure rather than the balance.
If your contract or a professional body asks you to declare
Then the question is what your own contract or your regulator’s rules actually require, and that is a document you can read. It is not answered by the debt scheme at all.
What the scheme gives you is a short set of checkable facts. It is not insolvency, no trustee is appointed, you are repaying in full, and nothing about it is on the Register of Insolvencies.
What we are not going to tell you
No source we would rely on establishes what any employer, recruiter or vetting scheme does with a public register entry. Pages that tell you how a hiring manager will react are guessing.
Whether a dismissal would be lawful is an employment law question and not a debt one. Nothing in the Debt Arrangement Scheme regulations speaks to it.
If your job is genuinely at risk, the people to ask are an employment adviser or your union. Take the facts above with you.
Can you be a company director or run a business during a programme?
Nothing in the scheme stops you. The disqualification that worries people applies to an undischarged bankrupt, and a programme is a repayment arrangement rather than an insolvency.
Trade credit is expressly permitted
The credit restriction in a programme carries an exception at regulation 33(1)(b)(iii) for trade credit incurred in the ordinary course of a business. You have to give the prospective creditor written notice of the programme first.
So the regulations contemplate a debtor who is trading. That is not an accident of drafting.
If the debts are the business’s rather than yours
Business DAS is for a legal person, trust or unincorporated body. A sole trader uses the ordinary scheme.
A limited company registered under the Companies Act 2006 cannot use it at all. What Business DAS is and which businesses can use it sets out the five types of body that can.
What happens to a wage arrestment already running through payroll?
Approval of a programme operates as a recall of it. Regulation 33(1)(a) recalls any arrestment of your income or property, and notice of the recall goes to your employer.
Who sends the notice
Since 29 October 2018 the continuing money adviser sends that notice, or the DAS Administrator where there is no continuing money adviser.
That change was made by the Debt Arrangement Scheme (Scotland) Amendment Regulations 2018, in force 29 October 2018. Before it the notice came from the DAS Administrator in every case.
The timing point worth knowing
The recall itself runs from approval, under regulation 33(1)(a). Protection starts earlier than most pages suggest.
From the moment your application is entered in the DAS Register, regulation 30(1)(ba) makes it incompetent to commence or execute any diligence to enforce payment of a debt. That limb was inserted with effect from 27 June 2015.
Unlike the statutory moratorium, that regulation carries no exception for an earnings arrestment already running. Ask your adviser to raise it with your employer’s payroll rather than assuming it either way.
If your colleagues already know about the arrestment, whether your colleagues find out about a wage arrestment covers what payroll sees and who else in a business is likely to handle it.
What should you do if you change jobs during a programme?
Tell your money adviser. A material change of circumstances has to be notified within seven days under regulation 27(2)(f), and it is also a ground for varying the programme.
The two things to sort out
- Notify the change of circumstances, and any change of address, within the seven days regulation 27(2)(f) allows.
- If you were paying by a mandate, agree a method with your payments distributor so the payments do not stop while you move.
Missed payments are the ground on which programmes are revoked. Sorting the mechanics out before your first new pay day is the whole job.
If the money changes as well as the employer
A material change in your financial circumstances is a ground for varying the programme, under regulation 37(1)(d).
A variation can raise or lower the instalment and lengthen or shorten the programme. Why a Debt Arrangement Scheme can be revoked sets out what happens if arrears build up instead.
How this compares with the insolvency routes
| Debt Payment Programme | Protected trust deed | Sequestration | |
|---|---|---|---|
| Is it insolvency? | No | Yes | Yes |
| Which public register? | The DAS Register | The Register of Insolvencies | The Register of Insolvencies |
| Do the bankruptcy restrictions apply? | No | Not as an undischarged bankrupt, because you are not one | Yes, until discharge |
| Can money be taken through payroll? | Only if you choose a payment mandate, and you can substitute another method | After two consecutive missed contributions the trustee may instruct the employer | A debtor contribution order is assessed on your income |
| Do you repay in full? | Yes | No | No |
Choosing between the scheme and a trust deed and the scheme against Minimal Asset Process bankruptcy compare the alternatives, and our Debt Arrangement Scheme page sets out how we help.
Frequently asked questions
Do you have to tell your employer about a Debt Arrangement Scheme?
No. There is no duty in the regulations to tell an employer, and your workplace is involved only if you choose to pay by a mandate through payroll under regulation 31(1)(a).
Can your employer see a Debt Payment Programme?
The DAS Register is free to search and open to anyone, so the entry itself is public. Nothing in the scheme sends your employer any information unless a payment mandate is in place.
Can you be a company director in a Debt Arrangement Scheme?
Nothing in the scheme prevents it. The disqualification in section 11 of the Company Directors Disqualification Act 1986 applies to an undischarged bankrupt, and a Debt Payment Programme is not insolvency.
Does a Debt Payment Programme go on the Register of Insolvencies?
No. It goes on the DAS Register, which is a separate register kept by the Accountant in Bankruptcy for the scheme.
Is a DAS payment mandate the same as a wage arrestment?
No. A mandate is a voluntary instruction under regulation 32 that you can recall by substituting another payment method, while an arrestment is diligence served by a creditor.
Does a programme stop a wage arrestment your employer is already running?
Yes, on approval. Regulation 33(1)(a) makes approval operate as a recall of any arrestment of your income or property, and your continuing money adviser sends the notice to the employer.
What do you do about a Debt Payment Programme if you change jobs?
Tell your money adviser within seven days, because regulation 27(2)(f) makes notifying a material change of circumstances a standard condition, and agree how payments will continue.
Can you run a business while you are in a Debt Payment Programme?
Yes, and the regulations allow for it. Trade credit incurred in the ordinary course of a business is permitted credit under regulation 33(1)(b)(iii), on written notice to the prospective creditor.
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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.