Regulation 4 Attachment of earnings: definitions

In regulation 27—

(a)

in paragraph (1), for the definition of “earnings” there is substituted the following definition—

““earnings” means sums payable to a person—

(a)

by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service); or

(b)

by way of statutory sick pay, earnings, they shall not be treated as such:

(i)

sums payable by any public department of the Government of Northern Ireland or of a territory outside the United Kingdom;

(ii)

pay or allowances payable to the debtor as a member of Her Majesty’s forces;

(iii)

allowances or benefit payable under any enactment relating to social security;

(iv)

allowances payable in respect of disablement or disability; and

(v)

wages payable to a person as a seaman, other than wages payable to him as a seaman of a fishing boat;”

(b)

in paragraph (1), in the definition of “net earnings”, for sub-paragraph (b) there are substituted the following sub-paragraphs—

“(b)

primary Class 1 contributions under Part I of the Social Security Act 1975^f1; and

(c)

amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme, namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—

(i)

to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or

(ii)

to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,”; and

(c)

after paragraph (1) there is inserted the following paragraph—

“(1A)

In sub-paragraph (v) of the definition of “earnings” in paragraph (1) above, expressions used in the Merchant Shipping Act 1894^f2 have the same meanings as in that Act.”.

Annotations

Footnotes

f1: 1975 c. 14; see sections 1(2) and 4. Relevant amendments were made by the Social Security Pensions Act 1975 (c. 60), Schedule 4,paragraph 36 and Schedule 5, the Education (School-leaving Dates) Act 1976 (c. 5), section 2(4), the Social Security Act 1979 (c. 18), section 14(1) and Schedule 3, paragraph 4, the Social Security and Housing Benefits Act 1982 (c. 24), Schedule 5, the Social Security Act 1985 (c. 53), sections 7(1) and (2) and 8(1), the Social Security Act 1986 (c. 50), section 74 and Schedule 10, paragraph 104, the Social Security Act 1989 (c. 24), section 1, Schedule 7, paragraph 2 and Schedule 9 and S.I. 1989/675.
f2: 1894 (c. 60). The definition of “fishing boat” in section 370 was amended by the Merchant Shipping Act 1970(c. 36), Schedule 5 and the definition of “seaman” in section 742 was amended by paragraph 4 of Schedule 3 to that Act.