Social Welfare Consolidation Act 2005

Discharge, variation or lapse of attachment of earnings order.

[1993 s294(1); 2005 (SW&P) s26 & Sch 4]

354.—(1) The District Court that made an attachment of earnings order may, where 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.

[1993 s294(2)]

(2) Where an order varying an attachment of earnings order is made under this section, the employer shall, where it has been served on the employer, comply with it, but he or she shall be under no liability for non-compliance before 10 days have elapsed since the service.

[1993 s294(3)]

(3) Where an employer affected by an attachment of earnings order ceases to have the liable relative in his or her employment, the order shall, in so far as that employer is concerned, lapse (except in relation to 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).

[1993 s294(4)]

(4) The lapse of an order under subsection (3) shall not prevent its remaining in force for other purposes.