Personal Insolvency Act 2012


Consideration by Insolvency Service of application under section 29.

30.— (1) For the purpose of its consideration of an application under section 29, the Insolvency Service shall be entitled to request from the approved intermediary any further information it requires and to defer further consideration of the application until such information is furnished to it.

(2) Where an approved intermediary fails to provide the information requested by the Insolvency Service under subsection (1) within 14 days or such longer period as the Insolvency Service may permit, the application shall be deemed to be withdrawn.

(3) Subject to subsection (4), in considering the application for a Debt Relief Notice, the Insolvency Service shall make such enquiries as it considers necessary to satisfy itself that—

(a) the approved intermediary is a person entitled under this Act to act as an approved intermediary, and

(b) having regard to the information received under section 29 and subsection (1) the debtor satisfies the eligibility criteria specified in section 26(2).

(4) Subject to subsections (5) to (7), for the purposes of subsection (3) the Insolvency Service shall be entitled to presume that the debtor satisfies the eligibility criteria for a Debt Relief Notice set out in section 26(2) if the documents required under section 29 to accompany the application have accompanied it and the Insolvency Service has no reason to believe that the information supplied in or in support of the application, including information furnished to it under section 29(4), is incomplete or inaccurate.

(5) The Insolvency Service may make such enquiries as it considers appropriate to verify the completeness or accuracy of any matter referred to in the Prescribed Financial Statement of the debtor or in relation to the assets, liabilities, income or expenditure of the debtor.

(6) Without prejudice to the generality of subsection (5) the matters in respect of which the Insolvency Service may make an enquiry include the following:

(a) particulars relating to bank accounts, securities or other accounts held, solely or jointly, by or for the benefit of the debtor with financial institutions or financial intermediaries in the State or abroad;

(b) particulars relating to assets of the debtor and the value of such assets;

(c) particulars of the liabilities of the debtor;

(d) the employment and income of the debtor;

(e) payments received by the debtor from the Department of Social Protection, other Departments of State, local authorities or other State bodies or agencies, and whether or not such payments are made as agent of any other person;

(f) taxes or charges imposed by or under statute paid or owed by the debtor, whether within or outside the State and refunds in respect of such taxes and charges which are or may become due to the debtor.

(7) Nothing in this section shall be construed as requiring the Insolvency Service to make an enquiry in any case.

(8) A person who receives an enquiry from the Insolvency Service pursuant to this section shall furnish the information requested as soon as practicable.

(9) Notwithstanding anything contained in any enactment, for the purposes of the performance of the functions of the Insolvency Service under this Chapter, information held by the Department of Social Protection, other Departments of State, the Revenue Commissioners, local authorities or other State bodies or agencies in relation to a debtor may be furnished to the Insolvency Service.