Direct Earnings Attachment

The Welfare Reform Act 2012, which became law in March 2012, allows Scarborough Borough Council Accounts Receivable to ask your employer, to make deductions directly from your earnings.

We do this by asking them to operate a Direct Earnings Attachment (DEA).  We do not have to go through the civil courts to do this, unlike the Attachment of Earnings Order (AOE) process, for example.

Full details about how to do this are contained in the Employer's Guide.

A letter will be sent to your employer to request deductions commence and to yourself to confirm the course of action we are taking.   

How much will be taken from my earnings?

The table below lists what percentage of your wages will be deducted.  Please be aware that if your overpayment is classed as ‘Proven Fraud’ the higher rate of deductions will be applied.

Table of amounts to be deducted by employer.

TABLE A: WHERE EARNINGS ARE PAID WEEKLY

AMOUNT OF NET EARNINGS
DEDUCTION (% OF NET EARNINGS)
 
Standard Overpayment
Fraudulent Overpayment
£100.00 or less
Nil
5
Exceeding £100 but not exceeding £160
3
6
Exceeding £160 but not exceeding £220
5
10
Exceeding £220 but not exceeding £270
7
14
Exceeding £270 but not exceeding £375
11
22
Exceeding £375 but not exceeding £520
15
30
Exceeding £520
20
40
 

TABLE B: WHERE EARNINGS ARE PAID MONTHLY

AMOUNT OF NET EARNINGS
DEDUCTION (% OF NET EARNINGS)
 
Standard Overpayment
Fraudulent Overpayment
£430.00 or less
Nil
5
Exceeding £430 but not exceeding £690
3
6
Exceeding £690 but not exceeding £950
5
10
Exceeding £950 but not exceeding £1,160
7
14
Exceeding £1,160 but not exceeding £1,615
11
22
Exceeding £1,615 but not exceeding £2,240
15
30
Exceeding £2,240
20
40

FAQ

You have other court orders against you?

Courts can make orders that mean that money can be taken directly from earnings in a similar way to a DEA.

You may have an Attachment of Earnings Order (England & Wales), Earnings Arrestment (Scotland) or a Deduction from Earnings Order (for Child Maintenance), for example.

The DEA can be imposed without a court order, but if you have any other deduction orders against you, there are rules that tell your employer which money they should take first.

If you have one or more of the following in place, these will take priority over a DEA:

  • England & Wales
    • Deduction from Earnings Order (DEO) from CMG
    • Attachment of Earnings Order (AEO) for Maintenance or Fines
    • Council Tax Attachment of Earnings Order (CTAEO)
  • Scotland
    • Deduction of Earnings Order (DEO) from CMG
    • Earnings Arrestment (EA)
  • Student Loans
    • A student loan repayment also takes priority over a DEA. This applies to both England & Wales and Scotland.

Once these priority orders have been taken into account, the calculation of your DEA will then take priority in relation to any other orders or notices in date order (in Scotland this will be the date they were received). The amount that can be deducted will be subject to the available net earnings above the protected earnings limit of 60% of net earnings.

What if you think the amount you owe is wrong?

If you believe that the amount owed is wrong, you should contact us immediately on 01723 232399.

What if you think the amount of the deduction is too much?

If you think that the amount calculated is too much, you should check that the amount being deducted is the amount directed by Scarborough Borough Council according to table A or B.  If the amount is correct, but you feel that this is too much for you to manage, you should contact us.

What happens once a Direct Earnings Attachment is in place?

Once you have started operating a DEA, you must continue to make payments to us until we tell you stop. We shall contact you when deductions are to cease.

If there is a change in circumstances which means that you can no longer operate the DEA, you must notify us in writing within 10 days.

Where can I get more information?

If you need more information about, or help to operate a Direct Earnings Attachment, please ring Accounts Receivable on 01723 232399

The offices are open from 8.30 am to 5.00 pm Monday to Friday.

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