Civil Debt (Procedures) Act 2015
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Statement of means | ||
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7. (1) A judgment debtor, on receipt of a notice of an application under section 6, shall, within such period as may be prescribed by rules of court and in accordance with this section, complete and furnish to the court a statement of means. | ||
(2) A statement of means referred to in subsection (1) shall be in such form as may be prescribed by rules of court, and shall specify the following: | ||
(a) whether the judgment debtor is a person to whom earnings fall to be paid and, if so— | ||
(i) particulars as to the judgment debtor’s earnings and expected earnings, | ||
(ii) the name and address of each employer of the judgment debtor, | ||
(iii) particulars to enable the employers referred to in subparagraph (ii) to identify the judgment debtor, and | ||
(iv) whether any deductions are currently being made from the judgment debtor’s earnings in accordance with— | ||
(I) section 1002 of the Taxes Consolidation Act 1997 , | ||
(II) Part 11A of the Act of 2005, or | ||
(III) Chapter 1 of Part 10 of the Finance (Local Property Tax) Act 2012 ; | ||
(b) whether the judgment debtor is a person to whom net scheme payments are payable and, if so— | ||
(i) particulars as to the net scheme payments concerned, and | ||
(ii) whether any of the deductions specified in paragraphs (a) to (d) of the definition of “net scheme payments” in section 1 are being made from the amount paid weekly under the scheme concerned and, if so, particulars as to the amount of such deductions; | ||
(c) whether the judgment debtor is in receipt of any income other than that referred to in paragraphs (a) and (b), including: | ||
(i) any benefit described in section 39(1) of the Act of 2005; | ||
(ii) any assistance described in section 139(1) of the Act of 2005; | ||
(iii) family income supplement under Part 6 of the Act of 2005; | ||
(iv) back to work family dividend under Part 7A of the Act of 2005; | ||
(v) any allowance payable to a person participating in a scheme or programme under section 359A of the Act of 2005; | ||
(d) the aggregate amount of all liabilities of the judgment debtor including any duty (moral or legal) to provide financially for members of his or her family or other persons; | ||
(e) whether the judgment debtor is obliged to make payments under a court order in force against him or her and, if so, particulars as to the payments concerned; | ||
(f) whether the judgment debtor is the subject of an insolvency arrangement within the meaning of the Personal Insolvency Act 2012 and, if so, particulars as to the amount of the weekly or monthly payments to be made to the Insolvency Service of Ireland or, as the case may be, creditors under the arrangement; | ||
(g) such other information relating to the financial circumstances of the debtor as may be prescribed by rules of court. | ||
(3) Where a judgment debtor who receives a notice of an application under section 6 is a person to whom net scheme payments are payable, he or she shall— | ||
(a) apply to the Minister for Social Protection for a verifying certificate, verifying the information referred to in subsection (2)(b) to be specified by the judgment debtor in his or her statement of means, and | ||
(b) attach such verifying certificate to his or her statement of means. | ||
(4) The Minister for Social Protection may by regulations prescribe— | ||
(a) the information, being information required by him or her for the purpose of providing a verifying certificate, to be furnished by a judgment debtor in his or her application under subsection (3)(a), and | ||
(b) the form of a verifying certificate. | ||
(5) (a) A judgment debtor who furnishes to the court a statement of means under this section shall, within such period as may be prescribed by rules of court and subject to paragraph (b), furnish a copy of the statement of means (and, where applicable, the verifying certificate attached to the statement of means) to the judgment creditor. | ||
(b) Nothing in paragraph (a) shall be construed as obliging a judgment debtor to whom that paragraph applies to disclose his or her personal public service number to the judgment creditor. | ||
(6) The court may, for the purposes of making a relevant order, require— | ||
(a) the judgment debtor to provide to the court, within a specified period, any necessary supporting documentation in relation to the information (other than the information referred to in subsection (2)(b)) specified in his or her statement of means, and | ||
(b) a person appearing to the court to be an employer of the judgment debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the judgment debtor’s earnings and expected earnings. | ||
(7) In any proceedings in relation to a relevant order, the following is admissible as evidence of the facts stated in it and a document purporting to be such a statement or certificate is deemed, unless the contrary is shown, to be a statement or certificate so given— | ||
(a) a statement of means furnished to the court under this section, | ||
(b) a verifying certificate attached to a statement of means referred to in paragraph (a), and | ||
(c) a statement given to the court under subsection (6)(b). |