Attachment of Earnings

danny226

Hi

Quick question regarding Attachment of Earnings Orders.

I got one to my employer in December for historic council tax debt and then this month in quick succession I had another one for historic council tax debt and one for social fund loan.

So I now have 3 attachments on my wage - is this allowed?
Wageslip just arrived in my email, they've taken this month over £800

Council Tax £357.14
Council Tax £287.36
Earnings Arrest £172.70

I contacted CAB who advised me to speak to the council, which I did and they wasn't interested. They said they don't consolidate orders, even though CAB said they do. I've spoke to Social Fund who said they're happy to recall the order and pay £50 a month, this was last week and they said my employer would get a letter - judging by the fact the attachment is in place, either he hasn't got it, or it arrived after payroll was done

So question is - are 3 attachment of earnings legal

TIA

Fireflyaway

I know councils can apply up to 2 for council tax. There is a protected earning amount though, so if the amount taken leaves you with less than that, they can't take it all.

CIS

There is nothing in council tax legislation regarding (or even allowing) consolidation of an attachment of earnings order - although they are limited to two orders.

Providing for the specific restrictions over the number of each type of order are followed then there is no limit overall to the number of orders that can be in place.

Craig

TBagpuss

Yes, having three is legal.
As I understand it, the total amount taken should not exceed 40% of your net income, so depending on what your total earnings are it may be that your employers should not be deducting quite so much.
Have you spoken to Stepchange? I think they would be able to advise you about whether the figures are right.
You can also contact the council to try to get them to reduce the monthly payments, if these are causing you hardship. I would anticipate that they would need you to provide a detailed breakdown of your income and outgoings to satisfy them that this was the case.

CIS

In respect of the council tax attachments they have no power to vary the amount taken as they rely on %'s set by the government.

The only way the council can vary the amount is to withdraw an order.

Craig

Londonsu

This will give you some idea of the information your employer will have


https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide

Former_StepChange_Richard

danny226 wrote: »

Hi

Quick question regarding Attachment of Earnings Orders.

I got one to my employer in December for historic council tax debt and then this month in quick succession I had another one for historic council tax debt and one for social fund loan.

So I now have 3 attachments on my wage - is this allowed?
Wageslip just arrived in my email, they've taken this month over £800

Council Tax £357.14
Council Tax £287.36
Earnings Arrest £172.70

I contacted CAB who advised me to speak to the council, which I did and they wasn't interested. They said they don't consolidate orders, even though CAB said they do. I've spoke to Social Fund who said they're happy to recall the order and pay £50 a month, this was last week and they said my employer would get a letter - judging by the fact the attachment is in place, either he hasn't got it, or it arrived after payroll was done

So question is - are 3 attachment of earnings legal

TIA

Hi there,

I was browsing and saw your post and thought I would just clarify this for you.

From what you have described, this is not illegal.

Whilst you have 3 deductions from your income, these are for two different things. A person can have a maximum of 2 attachements for council tax at any one time. There can then be attachements for other debts also. In your case, the DWP are deducting for a Social Fund loan.

Just to add, the council have the discretion to discharge an AOE, or to vary the amount provided that both parties agree to this. The council is only going to consider this if you can show evidence that the exisiting deducitons will cause serious financial hardship. If you feel this is the case, you should write to the council and quote 'Regulation 41(2) Council Tax (Administration and Enforcement) Regulations 1992' asking them to stop the attachment of earnings or reduce it to a level you can afford.

If you're struggling with any part of your finances, let us know and we'll be happy to help. Here's how you can get in touch if needed.

Richard

CIS

If you feel this is the case, you should write to the council and quote 'Regulation 41(2) Council Tax (Administration and Enforcement) Regulations 1992' asking them to stop the attachment of earnings or reduce it to a level you can afford.

That is partially incorrect.

They can, of course, withdraw an order under reg 41(2) however the %'s to be taken are set in legislation for council tax purposes and the local authority do not have delegated powers to alter them. Reg 38 and Schedule 4 (as amended) sets out the rates to be taken.

Reg 41(2) allows "(2) The authority by which an attachment of earnings order was made may, on its own account or on the application of the debtor or an employer of the debtor, make an order discharging the attachment of earnings order; and if it does so it shall give notice of that fact to any person who appears to it to have the debtor in his employment and who has been served with a copy of the order"

Craig