Personal Insolvency Act 2012

84.

Debt Settlement Arrangement deemed to have failed after 6 month arrears default.

84.— (1) Where the debtor is in arrears with his or her payments for a period of 6 months the Debt Settlement Arrangement shall be deemed to have failed and shall terminate where the personal insolvency practitioner notifies the Insolvency Service and the debtor of such default.

(2) Where the Insolvency Service receives a notification of default referred to in subsection (1), it shall record the failure of the Debt Settlement Arrangement in the Register of Debt Settlement Arrangements.

(3) For the purposes of subsection (1), a debtor is in arrears with his or her payments for a period of 6 months on a given date if—

( a) at the beginning of the 6 month period ending immediately before that date, one or more than one payment in respect of a debt became due and payable by the debtor under the Debt Settlement Arrangement, and

( b) at no time during that 6 month period were any obligations in respect of those payments discharged.