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Income Payment Agreement for the United Kingdom

Income Payment Agreement Template for England and Wales

An Income Payment Agreement is a legally binding document under the laws of England and Wales that establishes a formal arrangement between a bankrupt individual and their trustee in bankruptcy or official receiver. It sets out the terms under which the bankrupt will make regular payments from their income to their bankruptcy estate for the benefit of creditors, typically over a period of up to three years. The agreement is governed by the Insolvency Act 1986 and must comply with current insolvency regulations and guidelines.

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What is a Income Payment Agreement?

Income Payment Agreements (IPAs) are crucial documents in bankruptcy proceedings within England and Wales, typically implemented when a bankrupt individual has surplus income above their reasonable domestic needs. The agreement details the amount, frequency, and duration of payments, usually lasting up to three years from the date of signing. It provides a structured approach to contributing to the bankruptcy estate while ensuring the debtor maintains a reasonable standard of living. The document must comply with the Insolvency Act 1986 and related regulations, and can be varied if the debtor's circumstances change significantly.

What sections should be included in a Income Payment Agreement?

1. Parties: Details of the debtor and the Official Receiver/Trustee in Bankruptcy

2. Background: Context of bankruptcy and basis for the IPA

3. Definitions: Key terms used throughout the agreement

4. Payment Terms: Specific amounts, frequency, and duration of payments

5. Payment Mechanism: Method and process for making payments

6. Duration: Term of the agreement (typically up to 3 years)

7. Variation Provisions: Circumstances under which payments can be adjusted

What sections are optional to include in a Income Payment Agreement?

1. Third Party Payments: Additional provisions for when payments are made directly by an employer or other third party

2. Additional Income Provisions: Specific provisions for treatment of bonuses, commissions or variable income

3. Hardship Provisions: Process and conditions for temporary payment reductions in case of financial hardship

What schedules should be included in a Income Payment Agreement?

1. Income and Expenditure Schedule: Detailed breakdown of debtor's income and expenses

2. Payment Schedule: Detailed schedule of payment amounts and dates

3. Supporting Documentation: Appendix containing copies of relevant income evidence or court orders

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Ƶ

Sector

Banking

Cost

Free to use
Relevant legal definitions






















Clauses





















Industries

Insolvency Act 1986: Primary legislation governing Income Payment Agreements, particularly sections 310-310A which specifically deal with IPAs, their establishment, and enforcement

Enterprise Act 2002: Key legislation that amended parts of the Insolvency Act, introducing important modifications to personal insolvency procedures

Consumer Credit Act 1974: Legislation that may apply if the Income Payment Agreement contains elements of consumer credit arrangements

Insolvency Rules 2016: Secondary legislation providing detailed procedural rules for implementing insolvency processes including IPAs

Insolvency (England and Wales) Rules 2016: Specific regional rules governing insolvency procedures in England and Wales, including detailed provisions for IPAs

FCA Regulations: Financial Conduct Authority regulations that may apply if the agreement involves regulated financial activities

Data Protection Act 2018: Legislation governing the handling and protection of personal data within the agreement

UK GDPR: Post-Brexit data protection regulations that must be considered when handling personal information in the agreement

Money Laundering Regulations 2017: Regulations that may need to be considered if the IPA involves significant financial transactions

Contract Law Principles: Common law principles governing contract formation, validity, and enforcement

Doctrine of Consideration: Common law principle requiring that agreements must be supported by consideration to be legally binding

Insolvency Service Technical Manual: Practical guidance document providing detailed information on implementing insolvency procedures including IPAs

Practice Direction on Insolvency Proceedings: Court guidance document providing procedural instructions for handling insolvency matters including IPAs

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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