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Will Your Gas And Electricity Supply Be Affected By MAP Bankruptcy?

By Chris Richards Checked 10 min read

Quick answer

A Minimal Asset Process does not switch your energy off, and nothing in it tells a supplier what to do. Arrears owed on the date of the award go into the bankruptcy and are cleared at discharge.

Every unit you use from the date of the award is yours to pay for. That single line splits your energy account into two halves.

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Beyond that, less is published than you would expect. What a supplier may and may not do about a bankrupt household customer is not set out anywhere we could find.

This page says what is fixed and is honest about the rest. How a MAP works covers the process itself.

Are gas and electricity arrears included in a MAP?

Yes. They are ordinary unsecured debts, so they count towards the £25,000 limit and they are cleared by the discharge in section 145(1).

They are not on the list of survivors

Section 145(3) lists what discharge does not touch, and energy arrears appear nowhere in it. Neither do water and sewerage charges billed with your council tax.

Section 145(3) lists what survives. Fines and other court penalties, debts obtained by fraud, and aliment or a periodical allowance payable on divorce are not written off.

They count towards the debt limit as well

Your total debts must be no more than £25,000, under section 2(2)(b) of the Bankruptcy (Scotland) Act 2016.

So arrears count both ways, towards the ceiling and towards what is written off. Which debts count towards the MAP debt limit sets out the one exclusion the Act does make.

The supplier does not have to agree

Discharge operates by law rather than by consent. A creditor cannot opt out of it and neither can a supplier.

What a supplier can still do is decide how it wants to be paid for what you use next. That is a different question from the debt.

When they actually go

Six months after the award, automatically, under section 140(1). There is nothing to apply for and nothing for the supplier to agree to.

Whether a MAP writes off all your debts goes through the exceptions.

Can your supplier disconnect you or fit a prepayment meter?

Both mygov.scot and AiB say a supplier may change how you pay. Neither says a supplier may refuse to supply you, and nothing published establishes that either way.

What the two official sources actually say

mygov.scot has two sentences on it: gas and electricity providers may change your payment method, and for example may put you on a prepayment meter.

The Accountant in Bankruptcy says some suppliers may have concerns about how they provide services and may wish to change how they receive payments, including installing a meter.

Read what those sentences do not say

Both are about payment method rather than about supply. Neither mentions refusing to supply you, and neither mentions a deposit.

We could not establish the position either way. That is a gap in what is published rather than a finding that suppliers may do as they please.

What is settled and what is not

The questionWhere it standsThe detail
Arrears owed at the date of the awardSettledDischarged under section 145(1), and not in the section 145(3) list
Whether arrears count towards the £25,000 limitSettledThey are ordinary debts, so they do
Energy you use after the awardSettledA new liability the bankruptcy does not touch
Whether a supplier may change how you payStated by mygov.scot and AiBBoth say it may, and a prepayment meter is the example given
Whether a supplier may refuse to supply youNot establishedNo published source says it may, and none says it may not
Whether a supplier may ask for a depositNot establishedNothing published addresses it
What the energy licence conditions say about a bankrupt customerNot establishedThe operative text could not be obtained

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Does the utilities provision in the Act protect you?

The provision people cite about utility supplies applies to a request made for the purposes of a business, so it does not help a household customer.

Why the citation you will see elsewhere is wrong

Section 222 is headed “Supplies by utilities” and gets cited on debt pages as though it protected a household. Read subsection (3) before relying on it.

It engages only where the request for supply is made by or with the concurrence of the trustee and for the purposes of a business carried on by the debtor. Both limbs have to be satisfied.

What the section is actually for

It stops a utility making continued supply to a business conditional on paying pre-insolvency arrears. It confers nothing on an ordinary household customer.

The office holder it refers to is the interim trustee, the trustee in the sequestration or a trustee under a trust deed. Section 222 is not a domestic consumer protection.

Where the utilities list does help you

Utility charges and council tax are left out of that £1,000 calculation.

Section 219(1) uses the list of supplies in section 222(4) to keep energy, water and communications charges, and council tax, out of the £1,000 calculation in the credit disclosure rule.

That is a real benefit for a household on a low income, and whether you can get credit during a MAP explains where it bites.

What do the rules on prepayment meters actually say?

They are driven by debt rather than by bankruptcy. Ofgem’s rules on installing involuntary prepayment meters came into force on 8 November 2023 and do not mention bankruptcy anywhere.

The conditions before a meter is installed without agreement

The requirementWhat it involvesIn force
What triggers the rulesDebt, not bankruptcyBankruptcy is not mentioned on Ofgem's page at all
Contact attemptsAt least ten before a meter is installedIn force 8 November 2023
A site welfare visitRequired before installationIn force 8 November 2023
Credit on installation£30 per meter on warrant installations and remote switchesIn force 8 November 2023
Households where installation is barredIncluding dependence on continuous supply for medical equipment, children under two and severe health conditions requiring warmthIn force 8 November 2023
Once the debt is clearedA re-assessment and an offer to remove the meterIn force 8 November 2023

What that means for a MAP debtor

Nothing in the Ofgem rules treats a sequestration as a trigger. They are about arrears and about the circumstances of the household.

So if a meter is raised with you, ask which of those steps has been taken. Ask for the answer in writing.

What we are not saying

We could not obtain the operative text of the energy supply licence conditions, so this page asserts nothing about what they require of a supplier.

That is a limit on what could be read rather than a conclusion. Treat any page that states a confident rule here with caution.

And ask about the arrears rate

A meter set to recover old arrears is collecting a debt that a MAP discharges at six months. Raise that with the supplier and with your money adviser.

A prepayment meter is a change in how you pay rather than a loss of supply, and the Ofgem rules provide for a re-assessment and an offer to remove it once the debt is cleared.

Which energy bills do you still have to pay during the six months?

All of them, from the date of the award onwards. Discharge deals with what you owed at the date of sequestration and nothing else.

This is where MAP cases come unstuck

Old arrears disappear at the six month mark while a fresh set quietly builds. The same applies to rent and to council tax for the current year.

Which bills are priority debts in Scotland explains why energy sits at the top of that list.

The two halves of your account

The itemHow it is treatedWhat to do
Arrears owed at the date of the awardPart of the sequestration and cleared at dischargeGive your adviser the balance for the application
Energy used from the date of the awardA new debt, outside the bankruptcy altogetherKeep paying it and budget for it from day one
A credit balance on the accountMoney owed to you, so it is part of what is countedTell your adviser, because assets are capped at £2,000
A direct debit from an account the bank has closedThe payment can fail without warningCheck the account works before the next payment date
A prepayment meter set to recover old arrearsThe arrears themselves are discharged at six monthsAsk the supplier in writing what happens to the recovery rate
Water and sewerage charges billed with council taxOrdinary debts owed at the date of sequestrationIncluded like any other

A credit balance is an asset

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).

Money sitting on your energy account is money owed to you, so tell your adviser about it. What happens to your savings in a MAP covers how balances are treated.

What happens to your direct debits and your bank account?

Nothing in the Act freezes an account, but both official sources say a bank may freeze or close one. A failed direct debit creates fresh arrears immediately.

The practical risk

mygov.scot advises keeping money for essential living costs accessible when you apply, and the Accountant in Bankruptcy says a bank may still allow wages or benefits to be paid in.

Neither says how often an account is closed. Whether your bank account is frozen in a MAP sets out the statutory position in full.

Keep paying while the account works

Nothing about a Minimal Asset Process suspends your ongoing energy bill. Missing payments because the bankruptcy is running is the fastest way to build new arrears.

If you cannot afford the ongoing usage, that is a budgeting conversation to have with your adviser rather than something to leave until a letter arrives.

What to check, and when

Check that your energy direct debit will still run before the next payment date. A payment that fails in month one is the commonest avoidable problem.

If you have to open a new account, tell the supplier the new details in writing. Do not assume the change carries across.

How should you prepare your energy account before applying?

Fix the line between old and new. A written balance and a meter reading on the day you sign will do most of the work.

The checklist

What to doWhy
Get a written balance from every supplierThe arrears figure goes on the application and counts towards £25,000
Take a meter reading on the day you signIt fixes the line between the old debt and the new liability
Check for a credit balanceIt is money owed to you and it counts as an asset
Work out what your ongoing usage costsYou have to pay for it from the date of the award
Check that your direct debits will still workA bank may close an account, and a failed payment creates fresh arrears
Ask about the supplier's own hardship supportMost have a team for customers in difficulty, and asking costs nothing

Help with energy costs is separate from the bankruptcy

Support with energy bills does not stop because you are bankrupt. What help is available with energy bills in Scotland sets out the schemes and who runs them.

mygov.scot covers what to do if you cannot afford your bills, and Home Energy Scotland gives free advice on reducing what you use.

Tell your adviser about anything that changes

A change in how you pay for energy changes your budget, which is one of the things AiB expects to hear about. What happens if your income improves during a MAP covers the reporting duty.

And check the entry conditions before any of this. Whether you are eligible for a MAP runs through all eight.

Frequently asked questions

Are energy arrears written off by a MAP?

Yes. Arrears owed at the date of sequestration are ordinary unsecured debts, they are not in the section 145(3) list of debts that survive, and they are cleared by the discharge six months after the award.

Can a supplier cut you off because you are bankrupt?

Nothing published says a supplier may refuse to supply a bankrupt customer, and nothing says it may not. Both mygov.scot and AiB refer only to a supplier changing how you pay.

Does section 222 of the Bankruptcy (Scotland) Act 2016 protect your supply?

No. Section 222(3) limits it to a request made by or with the concurrence of the trustee and for the purposes of a business carried on by the debtor, so it confers nothing on a household customer.

Will you be put on a prepayment meter?

mygov.scot says providers may change your payment method and gives a prepayment meter as the example. Ofgem’s rules on installing one without agreement are driven by debt and do not mention bankruptcy.

Do you still pay for energy during the six months?

Yes. Discharge deals with what you owed at the date of sequestration, so everything you use from the date of the award is a new liability outside the bankruptcy.

Do energy arrears count towards the £1,000 credit disclosure figure?

No. Section 219(1) leaves out liability for the supplies listed in section 222(4), which covers gas, electricity, water and communications services, and it leaves out council tax as well.

What happens to a credit balance on your account?

It is money owed to you, so it forms part of what is counted against the £2,000 total and the £1,000 single asset limit. Tell your money adviser about it before the application is signed.

Can you switch supplier during a MAP?

Nothing published addresses switching during a sequestration, so ask the supplier you want to move to and ask your money adviser before committing to anything.

Related guides

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.