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Attachment of Earnings Act 1971

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Changes over time for: Cross Heading: Employer’s deduction (other cases)

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Attachment of Earnings Act 1971, Cross Heading: Employer’s deduction (other cases) is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

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Employer’s deduction (other cases)E+W

6(1)The following provision shall have effect in the case of an attachment of earnings order to which paragraph 5 above [F1and paragraph 6A below do] not apply.E+W

(2)If on a pay-day the attachable earnings exceed the sum of—

(a)the protected earnings; and

(b)so much of any amount by which the attachable earnings on any previous pay-day fell short of the protected earnings as has not been made good by virtue of this sub-paragraph on another previous pay-day,

then, in so far as the excess allows, the employer shall deduct from the attachable earnings the amount specified in the following sub-paragraph.

(3)The said amount is the sum of—

(a)the normal deduction; and

(b)so much of the normal deduction on any previous pay-day as was not deducted on that day and has not been paid by virtue of this sub-paragraph on any other previous pay-day.

(4)No deduction shall be made on any pay-day when the attachable earnings are equal to, or less than, the protected earnings.

[F26AE+WIn the case of an attachment of earnings order made under Schedule 5 to the Courts Act 2003, the employer shall make deductions from the debtor's earnings in accordance with fines collection regulations made under that Schedule.]

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