Maintenance Orders Act 1958

Sections 6, 10, 13.

SCHEDULE Payments under attachment of earnings orders

1 The provisions of this Schedule shall have effect in respect of each occasion (in this Schedule referred to as a " pay-day ") on which any earnings to which an attachment of earnings order relates fall to be paid.

2 In this Schedule, the following expressions have the following meanings respectively—

• " normal deduction " and " protected earnings ", in relation to any pay-day, mean the amount which would represent a payment at the normal deduction rate specified by the order or, as the case may be, at the protected earnings rate so specified in respect of the period between the pay-day in question and either the last preceding pay-day or, where there is no last preceding pay-day, the date last before the pay-day in question on which the employer became the defendant's employer;

• " relevant earnings ", in relation' to any pay-day, means the amount of the earnings aforesaid falling to be paid on the pay-day in question after the deduction from those earnings of any amount falling to be deducted therefrom by the employer by way of income tax or of contributions under the National Insurance (Industrial Injuries) Acts, 1946 to 1957, the National Insurance Acts, 1946 to 1957, or the National Health Service Contributions Act, 1957, or of lawful deductions under any enactment, or in pursuance of a request in writing by the defendant, requiring or authorising deductions to be made for the purposes of a superannuation scheme within the meaning of the Wages Councils Act, 1945.

3 If the relevant earnings exceed the sum of—

(a) the protected earnings ; and

(b) so much of any amount by which the relevant earnings falling to be paid on any previous pay-day fell short of the protected earnings for the purposes of that pay-day as has not been made good by virtue of this sub-paragraph on any other previous pay-day,

the employer shall, so far as that excess permits, pay to the officer designated for the purpose in the order—

(i) the normal deduction ; and

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

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Debtors Act, 1869	32 & 33 Vict. c. 62.
Merchant Shipping Act, 1894	57 & 58 Vict. c. 60.
Maintenance Orders (Facilities for Enforcement) Act, 1920	10 & 11 Geo. 5. c. 33.
Government of Ireland Act, 1920	10 & 11 Geo. 5. c. 67.
Guardianship of Infants Act, 1925	15 & 16 Geo. 5. c. 45.
Supreme Court of Judicature (Consolidation) Act, 1925	15 & 16 Geo. 5. c. 49.
Children and Young Persons Act, 1933	23 & 24 Geo. 5. c. 12.
Wages Councils Act, 1945	8 & 9 Geo. 6. c. 17.
Dock Workers (Regulation of Employment) Act, 1946	9 & 10 Geo. 6. c. 22.
National Assistance Act, 1948	11 & 12 Geo. 6. c. 29.
Children Act, 1948	11 & 12 Geo. 6. c. 43.
Justices of the Peace Act, 1949	12, 13 & 14 Geo. 6. c. 101.
Matrimonial Causes Act, 1950	14 Geo. 6. c. 25.
Maintenance Orders Act, 1950	14 Geo. 6. c. 37.
Magistrates' Courts Act, 1952	15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.
Army Act, 1955	3 & 4 Eliz. 2. c. 18.
Air Force Act, 1955	3 & 4 Eliz. 2. c. 19.
National Health Service Contributions Act, 1957	5 & 6 Eliz. 2. c. 34.
Affiliation Proceedings Act, 1957	5 & 6 Eliz. 2. c. 55.