Civil Debt (Procedures) Act 2015

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Deduction from payments order

16. (1) The court may, on an application under section 6 and in accordance with this section, make an order directing the Minister for Social Protection to—

(a) deduct, subject to section 18 , from the net scheme payments paid to the judgment debtor, at such times as are specified in the order, such amounts as are specified in the order, and

(b) pay the amounts so deducted at such times as are specified in the order, to the judgment creditor.

(2) Before deciding whether to make or refuse to make a deduction from payments order, the court shall give the judgment debtor concerned an opportunity to make representations, including representations relating to whether the judgment debtor is a person to whom net scheme payments fall to be paid.

(3) The court shall not make a deduction from payments order unless it is satisfied that—

(a) the judgment debtor is a person to whom net scheme payments fall to be paid, and

(b) having regard to the particular circumstances of the judgment debtor, compliance with the order will leave a sufficient amount to the debtor to maintain himself or herself and anyone dependant on him or her.

(4) A deduction from payments order may direct that the costs of an application under section 6 in respect of the judgment debt concerned be included in the relevant total amount.

(5) A deduction from payments order shall specify the following particulars:

(a) the name and address of the judgment debtor;

(b) the amount of the judgment debt that remains due;

(c) the relevant total amount;

(d) the amounts to be deducted, subject to section 18 , on a weekly basis from the net scheme payments paid to the judgment debtor;

(e) the number of weeks (which shall not exceed 50 in any calendar year) during which the deductions referred to in paragraph (d) are to be made;

(f) the name and address of the judgment creditor to whom the amounts are to be paid;

(g) the period, commencing on the date on which the order takes effect under subsection (7), for which the order shall have effect.

(6) The court, on making a deduction from payments order under this section, shall make an order directing the judgment debtor, within the period specified in the order, to furnish his or her personal public service number, together with a copy of the order, to the Minister for Social Protection.

(7) A deduction from payments order shall take effect on the date on which the first deduction from the net scheme payments paid to the judgment debtor is made by the Minister for Social Protection in compliance with the order.

(8) Payments under a deduction from payments order shall be in lieu of payments of the like amount under the relevant judgment that have not been made and that, but for the deduction from payments order, would fall to be made under the judgment.