Social Welfare Act, 1992
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Insertion of sections 316A to 316J in Principal Act. |
22.—The Principal Act is hereby amended by the insertion after section 316 (inserted by section 12 of the Social Welfare Act, 1989 ) of the following sections: | |
“Attachment of earnings order. | ||
316A.—(1) (a) On application to the District Court by a competent authority on whose application the District Court has made an antecedent order, the Court may, to secure payments under the antecedent order, if it is satisfied that the liable relative is a person to whom earnings fall to be paid, make an attachment of earnings order. | ||
(b) References in paragraph (a) to an antecedent order made by the District Court shall include references to such an order made, varied or affirmed on appeal from that Court. | ||
(2) An attachment of earnings order shall be an order directed to a person who (at the time of the making of the order or at any time thereafter) has the liable relative in his employment and shall operate as a direction to that person to make, at such times as may be specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate (within the meaning of subsection (4) (a)) and the protected earnings rate (within the meaning of subsection (4) (b)), from the liable relative's earnings and to pay theamounts deducted at such times as the Court may order to the District Court clerk specified by the attachment of earnings order for transmission to the person or competent authority entitled to receive payments made under the relevant antecedent order. | ||
(3) An attachment of earnings order shall not be made without the consent of the liable relative, unless the District Court is satisfied that the liable relative has, without reasonable excuse, defaulted in the making of any payment under the relevant antecedent order. | ||
(4) An attachment of earnings order shall— | ||
(a) specify the normal deduction rate, that is to say, the rate at which the District Court considers it reasonable that the earnings to which the order relates should be applied in satisfying the relevant antecedent order, not exceeding the rate appearing to the District Court to be necessary for the purpose of— | ||
(i) securing payment of the sums falling due from time to time under the relevant antecedent order, and | ||
(ii) securing payment within a reasonable period of any sums already due and unpaid under the relevant antecedent order, | ||
(b) specify the protected earnings rate, that is to say, the rate below which, having regard to the resources and the needs of the liable relative, the District Court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order, and | ||
(c) contain, so far as they are known to the District Court, such particulars as it considers appropriate for the purpose of enabling the liable relative to be identified by the person to whom the order is directed. | ||
(5) Payments under an attachment of earnings order shall be in lieu of payments of the like total amount under the relevant antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the relevant antecedent order. | ||
Obligations on employer in relation to attachment of earnings order. | ||
316B.—(1) Where an attachment of earnings order or an order varying it is made, the employer for the time being affected by it shall, if it has been served upon him, comply with it; but he shallbe under no liability for non-compliance therewith before ten days have elapsed since the service. | ||
(2) Where an attachment of earnings order is served on any person and the liable relative is not in his employment or the liable relative subsequently ceases to be in his employment, that person shall (in either case) within ten days from the date of service or, as the case may be, the cesser, give notice of that fact to the District Court. | ||
(3) On any occasion when a person makes, in compliance with an attachment of earnings order, a deduction from a liable relative's earnings, he shall give to the liable relative a statement in writing of the total amount of the deduction. | ||
(4) Such court registrar or court clerk as may be specified by an attachment of earnings order shall cause the order to be served on the employer to whom it is directed and on any subsequent employer of the liable relative concerned of whom the registrar or clerk so specified becomes aware and such service may be effected by leaving the order or a copy of the order at, or sending the order or a copy of the order by registered prepaid post to, the residence or place of business in the State of the person to be served. | ||
Payments under attachment of earnings order. | ||
316C.—Any payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by him to the competent authority entitled to receive those payments, be deemed to be payments made by the liable relative so as to discharge any sums payable under the relevant antecedent order. | ||
Powers of District Court. | ||
316D.—(1) In relation to an attachment of earnings order or an application for such an order, the District Court that made the order or to which the application is made may, before or at the hearing or while the order is in force— | ||
(a) order the liable relative to give to the District Court, within a specified period, a statement in writing signed by him containing— | ||
(i) the name and address of any person by whom earnings are paid to him, | ||
(ii) specified particulars as to his earnings and expected earnings and as to his resources and needs, and | ||
(iii) specified particulars for enabling the liable relative to be identified by any employer of his, and | ||
(b) order that any person appearing to the District Court to have the liable relative in his employment to give to theCourt, within a specified period, a statement signed by that person, or on his behalf, containing specified particulars of the liable relative's earnings and expected earnings. | ||
(2) Notice of an application for an attachment of earnings order served on a liable relative may include a requirement that he shall give to the District Court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in paragraph (a) of subsection (1) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order. | ||
(3) In any proceedings in relation to an attachment of earnings order, a statement given to the District Court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) shall be admissible as evidence of the facts stated therein, and a document purporting to be such a statement shall be deemed, unless the contrary is shown, to be a statement so given. | ||
Changes in employment. | ||
316E.—Where an attachment of earnings order is in force— | ||
(a) the liable relative shall notify in writing the District Court that made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than ten days from the date on which he does so, | ||
(b) the liable relative shall, on any occasion on which he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and expected earnings from the relevant employment, | ||
(c) any person who becomes an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within ten days of his becoming the liable relative's employer or of acquiring that knowledge (whichever is the later), notify the District Court in writing that he is the liable relative's employer, and include in his notification a statement of the liable relative's earnings and expected earnings, and | ||
(d) any person who is an employer of the liable relative and knows that the order is in force and by what Court it was made shall, within ten days of such occurence notify the competent authority and the District Court in writing of any increase in earnings paid to the liable relative. | ||
Determinations by District Court. | ||
316F.—(1) Where an attachment of earnings order is in force, the District Court that made the order shall, on the application of the employer concerned or the liable relative or competent authority to whom payments are being made under the order, determine whether payments (or any portions thereof) to the liable relative of a particular class or description specified by the application are earnings for the purpose of the order, and the employer shall give effect to any determination for the time being in force under this section. | ||
(2) Where an application under this section is made by the employer, he shall not incur any liability for non-compliance with the order as respects any payments (or any portions thereof) of the class or description specified by the application which are made by him to the liable relative while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but the foregoing provisions of this subsection shall not, unless the District Court otherwise orders, apply as respects such payments (or any portions thereof) if the employer subsequently withdraws the application or, as the case may be, abandons the appeal. | ||
Liable relative in service of State. | ||
316G.—(1) Where a liable relative is in the service of the State, a local authority for the purposes of the Local Government Act, 1941 , a harbour authority within the meaning of the Harbours Act, 1946 , a health board, a vocational education committee established by the Vocational Education Act, 1930 , or a committee of agriculture established by the Agriculture Act, 1931 , or is a member of either House of the Oireachtas— | ||
(a) in a case where a liable relative in the service of the State is employed in a department, office, organisation, service, undertaking or other body, its chief officer (or such other officer as the Minister of the Government by whom the department, office, organisation, service, undertaking or other body is administered by may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment, | ||
(b) in a case where a liable relative is in the service of such an authority, board or committee, its chief officer shall, for the purposes of this Act, be regarded as having the liable relative in his employment, | ||
(c) in any other case, where a liable relative is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance (or such other officer of the Minister for Finance as that Minister may from time to time designate) shall, for the purposes of this Act, be regarded as having the liable relative in his employment, and | ||
(d) any earnings of a liable relative paid out of the Central Fund or out of moneys provided by the Oireachtas shall be regarded as paid by the chief officer referred to in paragraph (a) or (b), as the case may be, the Secretary of the Department of Finance or such other officer as may be designated under paragraph (a) or (c), as the case may be, as may be appropriate. | ||
(2) If any question arises in proceedings for or arising out of an attachment of earnings order as to what department, office, organisation, service, undertaking or other body a liable relative in the service of the State is employed in for the purposes of this section, the question may be referred to and determined by the Minister for Finance. | ||
(3) A document purporting to contain a determination of the Minister for Finance under subsection (2) and to be signed by an officer of the Minister for Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination. | ||
(4) In this section references to a liable relative in the service of the State shall include references to a liable relative to whom earnings are paid directly out of moneys provided by the Oireachtas. | ||
Discharge, variation or lapse of attachment of earnings order. | ||
316H.—(1) The District Court that made an attachment of earnings order may, if it thinks fit, on the application of the competent authority, the liable relative, or the District Court clerk on whose application the order was made, make an order discharging or varying that order. | ||
(2) Where an order varying an attachment of earnings order is made under this section, the employer shall, if it has been served upon him, comply with it, but he shall be under no liability for non-compliance before ten days have elapsed since the service. | ||
(3) Where an employer affected by an attachment of earnings order ceases to have the liable relative in his employment, the order shall, in so far as that employer is concerned, lapse (except as respects deductions from earnings paid after the cesser by that employer and payment to the person in whose favour the order was made of deductions from earnings made at any time by that employer). | ||
(4) The lapse of an order under subsection (3) shall not prevent its remaining in force for other purposes. | ||
Cesser | ||
316I.—(1) An attachment of earnings order shall cease to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge. | ||
(2) Where an attachment of earnings order ceases to have effect, the clerk or registrar of the court that made the order shall give notice of the cesser to the employer. | ||
Offences. | ||
316J.—(1) When, without reasonable excuse, a person— | ||
(a) fails to comply with subsection (1) or (2) of section 316B or section 316E or an order under section 316D or section 316H (2), or | ||
(b) gives to a court a statement pursuant to section 316D (1), or a notification under section 316E, that is false or misleading, or fails to give any statement, | ||
and the competent authority as a result fails to obtain a sum of money due under an attachment of earnings order, that sum may be sued for as a simple contract debt in any court of competent jurisdiction by the competent authority or the District Court clerk to whom such sum falls to be paid, and that court may order the person to pay to the competent authority or the District Court clerk, as appropriate, such amount (not exceeding the sum aforesaid) as in all the circumstances the court considers proper for distribution in such manner and in such amounts as the court may specify to the competent authority for whose benefit the attachment of earnings order was made. | ||
(2) Where a person gives to a court— | ||
(a) a statement pursuant to section 316D, or | ||
(b) a notification under section 316E, | ||
that is to his knowledge false or misleading, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding six months or to both. (3) A person who contravenes section 316B (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.”. |