Identify Attachable Earnings for Court Orders and Student Loans: Explained
This topic identifies which earnings are subject to each type of involuntary deduction by default. It also describes how to change the default subclassification when necessary.
In England and Wales, attachable earnings refers to the amount subject to Attachment of Earnings Orders (AEO). In Scotland, arrestable earnings refers to the amount subject to Earnings Arrestments (EAs) of different types. Deductible earnings refers to the amount subject to Deduction of Earnings Orders (DEOs). For simplicity, this help topic uses the term attachable earnings for attachable, deductible, and arrestable earnings.
Default Subclassifications
By default, Earnings elements you create for Regular Earnings and Irregular Earnings primary classifications have a subclassification of Attachable Earnings Regular or Attachable Earnings Irregular. This means that the earnings are subject to all types of court order deductions.
By default, Earnings elements you create for Regular Earnings and Irregular Earnings primary classifications also have a subclassification of Student Loan and are thus subject to student loan deductions.
By default, a deduction element with a Pre-Statutory Deductions primary classification has a subclassification of Reduce Attachable Pre-Statutory Deductions. This means the amount of the pre-statutory deduction reduces the attachable earnings amount.
Additional Subclassifications
Use these subclassifications to exclude certain earnings from the total attachable earnings amount for specific order types.
Subclassification |
Description |
---|---|
CTAEO Not Attachable Pension Payment Regular CTAEO Not Attachable Pension Payment Irregular |
Assign one of these subclassifications to certain occupational pension earnings to exclude them from the total attachable earnings amount for Council Tax Attachment of Earnings Orders (CTAEO). These subclassifications feed the CTAEO Not Attachable Pension Payment balance. When a payroll run calculates CTAEO, it subtracts the CTAEO Not Attachable Pension Payment balance from the Attachable Earnings balance to derive the final CTAEO Attachable Earnings amount. |
AEO Not Attachable Northern Ireland Other Benefits Social Security Regular AEO Not Attachable Northern Ireland Other Benefits Social Security Irregular |
Assign one of these subclassifications to the elements to exclude them from the total attachable earnings amount for Attachment of Earnings Orders (AEO). |
Attachable Earnings by Order Type
This table indicates the types of earnings to include or exclude from attachable earnings for each court order type, based on current legislation:
Included Earnings |
AEO, AEO Fines, DEO, CMSDEO |
AEO Northern Ireland |
CTAEO |
EA, CMA, CAO |
---|---|---|---|---|
Wages or Salary (including bonus and irregular income) |
Yes |
Yes |
Yes |
Yes |
Pension |
Yes |
Yes |
No |
Yes* |
Statutory Sick Pay |
Yes |
Yes |
Yes |
Yes |
Redundancy Payments |
No |
No |
No |
No |
Excluded Earnings |
AEO, AEO Fines, DEO, CMSDEO |
AEO Northern Ireland |
CTAEO |
EA, CMA, CAO |
---|---|---|---|---|
Tax Credit |
Yes |
Yes |
Yes |
Yes |
Disability Pension |
Yes |
Yes |
No |
Yes* |
Statutory Maternity, Paternity, or Adoption Pay |
Yes |
Yes |
Yes |
Yes |
Other benefits relating to social security |
n/a |
Yes |
n/a |
n/a |
Armed forces pay |
Yes |
Yes |
Yes |
Yes |
Wages payable to a person as a seaman |
Yes |
Yes |
Yes |
Yes |
Guaranteed Minimum Payment |
Yes |
Yes |
NA (Pension not Included) |
Yes |
Sums payable by a public department of the Government of Northern Ireland or a territory outside UK |
Yes |
Yes |
Yes |
Yes |
Income tax (PAYE) |
Yes |
Yes |
Yes |
Yes |
Primary Class 1 NI contributions |
Yes |
Yes |
Yes |
Yes |
Pension contributions (pre-tax only) |
Yes |
Yes |
Yes |
Yes |
*For Earnings Arrestments, only pension contributions made as pre-tax deductions should be included; exclude contributions for occupational pensions made under an enactment exempting them from diligence
How to Change the Default Subclassifications
When you create earnings and deductions elements, verify that the default subclassification rules apply. On the Elements Summary page, open the Subclassification Rules page to view and edit the element's default subclassifications. Add or remove subclassifications as appropriate for the type of earnings.