Section 117F — Tribunals, Courts and Enforcement Act 2007: Repayment requirement

Repayment requirement 117F 1 An enforcement restriction order may impose a repayment requirement on the debtor.

2 The county court may include the requirement in the order at the time it makes the order.

3 The ... county court may, at any time after an enforcement restriction order has been made, vary the order so as to include a repayment requirement.

4 The ... county court may, at any time when an enforcement restriction order includes a repayment requirement, vary the order so as to—

a remove the repayment requirement, or b include a different repayment requirement.

5 A repayment requirement is a requirement that the debtor make payments, in respect of one or more of his qualifying debts, to the person or persons to whom he owes the debt or debts.

6 The county court may include a repayment requirement in an order only if—

a the debtor has surplus income at the time of the inclusion of the requirement, and b the inclusion of the requirement would be fair and equitable.

7 The debtor's surplus income is to be calculated in accordance with regulations.

8 Regulations under subsection (7) must make the following provision—

a provision about what is surplus income;

b provision about the period by reference to which the debtor's surplus income is to be calculated.

9 Regulations under subsection (7) may, in particular, provide for the debtor's assets to be taken account of for the purpose of calculating his surplus income.

10 The ... county court may vary an enforcement restriction order under this section—

a of its own motion;

b on the application of the debtor;

c on the application of a qualifying creditor.