Q&As

Is rule 9.2(1)(e) of the Insolvency (England and Wales) Rules 2016 still in effect if section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) was repealed by section 70(1) of the Welfare Reform Act 2012? The explanatory note of the Social Fund (Budgeting Loans) (Applications and Miscellaneous Provisions) also states budgeting loans will remain as part of SSCBA 1992, s 138(1)(b). If SSCBA 1992, s 138(1)(b) was repealed, why does r 9.2(1)(e) still cite this as an excluded debt?

read titleRead full title

Produced in partnership with Simon Kerry of 14 Labour Injunctions
Published on: 04 May 2023
imgtext

In summary, yes, Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 9.2(1)(e) remains in effect. Section 138(1)(b) of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) has not been fully repealed, and remains in force (as modified by section 71 of the Welfare Reform Act 2012 (WRA 2012)) in respect of ‘budgeting loans,’ as well as community care grants and crises loans applied for before 1 April 2013. IR 2016, SI 2016/1024, r 9.2(1)(e) therefore continues in force, and remains potentially relevant to repayment of loans governed by SSCBA

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

If a bankruptcy order is made against an individual in England who then moves outside of the EU to live,

If a bankruptcy order is made against an individual in England who then moves outside of the EU to live, would the individual be considered bankrupt in that foreign country? Would it be possible to pursue the individual for payment of a bankruptcy debt (as far as the English bankruptcy is concerned)

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some