Seanad debates

Friday, 23 April 2021

Personal Insolvency (Amendment) Bill 2020: Committee Stage

 

10:30 am

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

I support a large proportion of what Senator Higgins said in that one has to be insolvent to be eligible for the process. The purpose of the personal insolvency regime is to restore the person to solvency.I understand that there has to be 100% frank and full disclosure. Full incomes ought to be disclosed but there is a difference between reckonable and unreckonable income. Supporting people by way of various welfare payments, which is paid for by the Exchequer - the taxpayer - ought not to go towards paying down debt. For instance, a maintenance payment does what it is supposed to do. It supports parents with maintenance issues. It was never envisaged that welfare payments ought to be calculated to pay banks debt that is due to them, even if it is a reduced amount.

I will agree to disagree with Senator Higgins on a later amendment but she has spotted a lacuna in the debt relief notices. If that is the case it should be expressly outlawed. Welfare payments should not be considered to pay the debts. That is the case in the personal insolvency and debt settlement arrangements. In that instance the personal insolvency practitioner, PIP, would never include welfare payments in his or her calculation, although they will be fully disclosed in the statements. I would be amazed if a PIP looking after the other two arrangements would delve into welfare payments as part of a proposal to restore someone to solvency. It contradicts the purpose of a welfare payment.

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