Eligibility Conditions
- a. The consumer must be legally eligible for debt review under the NCA.
- b. The affordability assessment of the debt counsellor must indicate:
- c. The portfolio proposed to be restructured shall accordingly in terms of secured loans only be permitted to include:
- d. The concessions would be made on condition that the consumer performs in accordance with the restructured obligations failing which the enforcement of the debts would be done on the basis of the underlying credit agreement.
- e. The finance charge concessions (fees and interest) granted under these arrangements shall be fixed for the rehabilitation term (determined by the repayment term extension limits) and in respect of credit agreements surviving the rehabilitation term, revert to the underlying contractual charge.
The concessions will be introduced conditionally in the market by the industry. The conditions to be applied include:
i. The existence of a truly over-indebted situation having taken the household situation fully into account; and
ii. Commitment from the consumer to make required adjustments to non-required monthly expenditure and where applicable the restructuring of assets and liabilities where non-required (luxury) assets are present, especially fixed assets and vehicles.
i. The primary mortgage on the family residence. By implication the consumer will have to agree to dispose of or surrender (in terms of s 127 of the NCA) the non-required property to settle the debt.
ii. Vehicle and asset finance related to a vehicle(s) that are required in the generation of income in the household or other justifiable required needs. By implication the consumer will have to dispose of or surrender (in terms of s 127 of the NCA) the non required movable asset(s) to settle the debt(s).
iii. Any residual debt obligations will be accommodated under a revised restructuring proposal in terms of the concessions available in terms of the rules, under the debt review process.
NDRC Practice NoteLast reviewed 2026-04
Eligibility for the Annexure D concessions is narrower than eligibility for debt review itself. Files that fail Annexure D eligibility still proceed under the standard NCA s 86 framework, just without the pre-agreed concessions.
Drawn from NDRC's active case work. For your situation, see our debt counselling overview.
Cite this clause
National Credit Regulator. (2015). Annexure D — Consensual Debt Restructuring Rules, clause 2: Eligibility Conditions. Guideline 001/2015 (Debt Review Task Team Agreements 2010), p. 63.