Regulation 20 Amount to be deducted by employer

This regulation applies where an employer has received from an appropriate authority a notice in respect of a liable person in their employment.

Subject to the following provisions of this regulation, the employer must, each pay-day, make a deduction in accordance with paragraph (3)F1or (3B) from the net earnings which it would otherwise pay to the liable person on that pay-day.

F2Except where paragraph (3B) applies, the amount to be deducted is—

Paragraph (3B) applies where deductions from earnings are made to recover from the liable person the whole or part of an overpayment in respect of which the liable person has been F4convicted of an offence whether under statute or otherwise.

Where this paragraph applies, the amount to be deducted by the employer is—

Where any amount calculated under paragraph (3)F5or (3B) includes a fraction of a penny, it is to be rounded to the nearest whole penny with a result of exactly half a penny being rounded down to the nearest whole penny below.

The employer must continue to make deductions in accordance with paragraph (3) or (3B) unless and until—

Where, on any pay-day (“the relevant pay-day”), the employer fails to deduct an amount under paragraph (3)F7or (3B) or deducts an amount less than the amount specified in that paragraph, the employer must, on the next available pay-day or pay-days, first deduct the amount required to be deducted under paragraph (3)or (3B) for that pay-day and then the difference between the amount, if any, which was deducted on the relevant pay-day and the amount which should have been deducted on that pay-day.

Where a deduction made in accordance with paragraph (3) F8, (3B) or (6) would reduce the amount paid to the liable person below the protected earnings proportion, the employer must deduct only such amount as will result in the employer paying the liable person an amount equal to the protected earnings proportion.

Where, on any pay-day (“the relevant pay-day”), the employer deducts more than the amount required to be deducted under paragraph (3)F9or (3B) the employer must, on the next available pay-day or pay-days, deduct only the amount required to be deducted under paragraph (3)or (3B), less the difference between the amount which was deducted on the relevant pay-day and the amount which should have been deducted on that pay-day.

Where, on any pay-day, an employer makes a deduction from the earnings of a liable person in accordance with the notice, they may also deduct an additional amount not exceeding £1 in respect of their administrative costs and such deduction for administrative costs may reduce the amount which the employer pays to the liable person on that pay-day below the protected earnings proportion.