Civil Debt (Procedures) Act 2015
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Variation of relevant order | ||
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20. (1) A judgment debtor, while a relevant order is in force, may, on notice to the judgment creditor concerned, apply to the court for the variation of the order where the judgment debtor considers that compliance with the order will not leave a sufficient amount to him or her to maintain himself or herself and anyone dependant on him or her, as a result of— | ||
(a) the earnings that fall to be paid or, as the case may be, the net scheme payments that are payable to him or her, having decreased, or | ||
(b) his or her circumstances having otherwise changed. | ||
(2) An application under subsection (1) shall be accompanied by a statement of means completed by the judgment debtor. | ||
(3) A judgment creditor, while a relevant order is in force, may, on notice to the judgment debtor concerned, apply to the court for the variation of the order where the earnings that fall to be paid or, as the case may be, net scheme payments that are payable to the judgment debtor have increased in the manner referred to in section 13(1)(a) or, as the case may be, section 19 (1)(a). | ||
(4) The judgment debtor concerned, on receipt of a notice under subsection (3), shall within such period as may be prescribed by rules of court, complete and furnish to the court a statement of means. | ||
(5) An application under subsection (1) or (3) shall, where the relevant order is a deduction from payments order, be on notice to the Minister for Social Protection. | ||
(6) The court may, on an application under this section, if it thinks fit, make an order varying a relevant order, and a reference in this Act to an attachment of earnings order, a deduction from payments order or a relevant order shall include a reference to such an order as varied under this section. | ||
(7) The court may, on an application under subsection (1), make an order discharging a relevant order where it is satisfied that compliance with the order, or with the order as varied under this section, would not leave a sufficient amount to the judgment debtor to maintain himself or herself and anyone dependant on him or her. | ||
(8) Where the court makes an order under subsection (6) or (7), the judgment creditor concerned shall cause it to be serve d on the employer concerned or, as the case may be, the Minister for Social Protection. | ||
(9) Section 7 shall apply to a statement of means furnished under this section, as if the reference in section 7 (6) to the making of a relevant order was a reference to the making of an order under this section, and subject to all other necessary modifications. |