Civil Debt (Procedures) Act 2015

Power to determine whether particular payments are earnings

14. (1) Where an attachment of earnings order is in force, the court shall, on the application of the employer, the judgment debtor or the judgment creditor concerned, determine whether payments (or any portions thereof) to the judgment debtor 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 subsection (1) is made by the employer concerned, the employer 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 the employer to the judgment debtor while the application or any appeal in consequence thereof or any decision in relation to the application or appeal is pending, but this shall not, unless the 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.