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Debts not included in a Debt Relief Order

A DRO covers most unsecured debts, but not all of them. Knowing which stay outside is part of deciding whether it would help.

Applies to: England & Wales

Written by The My Debt Cleared editorial teamLast reviewed 18 October 2026Next review 18 April 2027Jurisdiction England & WalesEditorial policy
Some debts cannot be included in a Debt Relief Order and must still be paid: student loans, magistrates’ court and other criminal fines, child support and maintenance, social fund budgeting and crisis loans, and compensation for death or personal injury. Secured debts are not qualifying debts either. Debts from fraud can be listed but are not written off. Most other unsecured debts can be included.

What to do now

  1. List every debt with Find My Debts and mark which are which.
  2. Plan payments for excluded debts in your budget.
  3. Ask your adviser to confirm each debt before the application goes in.

Debts that cannot be included

  • Student loans, old and new style.
  • Criminal fines, including magistrates’ court fines and confiscation orders.
  • Child support and maintenance, including Child Maintenance Service debts.
  • Social fund loans — budgeting loans and crisis loans from the DWP.
  • Compensation for death or personal injury you have been ordered to pay.
  • Secured debts such as a mortgage or secured loan.

These debts do not count towards the £50,000 limit, and you keep paying them during and after the DRO.

Debts from fraud

A debt that arose from fraud — for example a benefit overpayment from a fraudulent claim — can be listed and counts towards the limit, but it is not written off at the end. You will still have to pay it.

Debts that can usually be included

  • Credit and store cards, overdrafts, personal and payday loans.
  • Catalogue, buy now pay later and hire purchase debts.
  • Rent, council tax, energy, water and phone arrears.
  • Benefit and tax credit overpayments that did not come from fraud.
  • Income tax arrears, business debts and money owed to friends or family.

Including arrears does not cover future bills: current rent, council tax and energy must still be paid. A creditor with an included debt cannot pursue it, but some, such as a landlord, may have other options, so ask your adviser about your situation.

Joint debts

You can include your share of a joint debt, but the other person stays liable for the whole amount. The creditor can ask them to pay it. Tell anyone you share debts with before applying.

Dealing with excluded debts

  • Student loans are mostly collected according to income, so repayments may be nil if you earn below the threshold.
  • Fines can often be paid in instalments; contact the court if you cannot keep up.
  • Social fund loans are usually deducted from benefits, and the rate can sometimes be reduced.
  • Child maintenance: contact the Child Maintenance Service if your income has changed.

How other solutions compare

Bankruptcy and IVAs have similar, though not identical, exclusions. Debts an IVA does not cover.

This page explains how the solution works. It is not a recommendation, and it cannot tell you whether it suits you — a free, regulated debt adviser can look at your full situation.

You can get free, impartial debt advice

You never have to pay for debt advice. MoneyHelper (government-backed), StepChange, National Debtline and Citizens Advice all give free, confidential advice with no obligation.

Common questions

Can student loans go in a DRO?

No. Student loans, old and new style, cannot be included and must still be repaid under their normal terms.

Can council tax arrears go in a DRO?

Yes, council tax arrears can usually be included. You must keep paying the current year's council tax.

Are debts from fraud written off in a DRO?

No. They can be listed, but they are not written off at the end of the DRO.

Debt Relief OrdersCouncil tax and formal solutionsDebts not in an IVAFind My Debts
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