Et formuesgode kan være fast eiendom (som for eksempel huset, hytte, tomt m.m.), bankkonti, verdipapir, bil, båt eller annet verdifullt løsøre som kan omgjøres til penger ved utleie, salg m.m.
Vanlige klær, hjelpemidler som skyldner trenger i sitt yrke eller utdanning og ting som har særlig personlig verdi for skyldner, kan likevel ikke tas utlegg i.
Subsistence is the minimum amount of money that you must have left over to live on after:
- you have paid your regular living expenses, any expenses for childcare or child support.
- we have made deductions from your salary/social security payments, offset money you owe against any tax credits you have or taken garnishments from a bank account
What have we included in the subsistence rate?
The subsistence rates (set by the Ministry of Children, Equality and Social Inclusion) take account of your expenses for food and drink, clothing and footwear, electricity and heating, health, hygiene, telephone, newspapers, TV licence, travel, groceries, furniture, etc. These expenses will vary depending on your life situation, whether you live with any other adults, whether you care for children and whether you live in an institution or in a country where the cost of living differs from that in Norway.
Subsistence rates are set by the Ministry of Children, Equality and Social Inclusion.
From 1 July 2014, the subsistence rate was the same, regardless of whether you have a debt restructuring arrangement, voluntary (out-of-court) debt restructuring arrangement, waiver of debt, deductions from your salary or social security payments or collateral in a bank account or other property (garnishments).
Subsistence rates - for cases after 1.th of July 2015
The old rates will apply to those who already have a debt restructuring arrangement or who already have an arrangement whereby their salary or social security payments are deducted which was established before 1 July 2014.
Don't have enough money left over to cover your subsistence expenses (compared with the subsistence rate)?
If so, it may be that you have expenses which the National Collection Agency is unaware of. It is therefore important that you submit documentation of your expenses which we can take into account when we calculate the amount to be deducted before the deduction is actually made. If you do not submit documentation, the stipulated amount for rent, for example, will be used. Your living expenses may actually be higher than this.
Appealing against excessively high deductions
If the amount to be deducted has been set too high, it is important that you appeal against the deduction as soon as possible, so that the deduction can be adjusted appropriately in the future.
Will I be repaid any excess deduction?
You should have enough money left over to cover your subsistence expenses, but if you have not submitted any documentation before the deduction commences, the general rule is that we will not repay any money that you have already been deducted. This money will be used to repay the unpaid claim.
If you have appealed successfully, such that the deduction will be reduced, we will repay any deductions made after we received your appeal.
How do we calculate the amount we must deduct in order to cover unpaid claims?
We will deduct the following from your income (net pay or social security payments, child support, etc.):
- your expenses (living expenses, childcare, etc.), and
- your monthly deductions to the National Collection Agency in order to pay the claim
= what you have left over should be enough to cover your subsistence expenses