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Section 251D: Presumptions applicable to the determination of an application

Insolvency Act 1986 · 1986 c. 45View on legislation.gov.uk

Part 7A: Debt relief orders

The following presumptions are to apply to the determination of an application for a debt relief order.

The official receiver must presume that the debtor is an individual who is unable to pay his debts at the determination date if—

that appears to the official receiver to be the case at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate; and
he has no reason to believe that, by virtue of a change in the debtor's financial circumstances since the application date, the debtor may be able to pay his debts.

The official receiver must presume that a specified debt (of the amount specified in the application and owed to the creditor so specified) is a qualifying debt at the application date if—

that appears to him to be the case from the information supplied in the application; and
he has no reason to believe that the information supplied is incomplete or inaccurate.

The official receiver must presume that the condition specified in paragraph 1 of Schedule 4ZA is met if—

that appears to him to be the case from the information supplied in the application;
any prescribed verification checks relating to the condition have been made; and
he has no reason to believe that the information supplied is incomplete or inaccurate.

The official receiver must presume that any other condition specified in Part 1 or 2 of Schedule 4ZA is met if—

that appears to him to have been the case as at the application date from the information supplied in the application and he has no reason to believe that the information supplied is incomplete or inaccurate;
any prescribed verification checks relating to the condition have been made; and
he has no reason to believe that, by virtue of a change in circumstances since the application date, the condition may no longer be met.

References in this section to information supplied in the application include information supplied to the official receiver in support of the application.

In this section "specified debt" means a debt specified in the application.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.