Social Welfare Act, 1992

PART V

Liability to Maintain Family

Amendment of section 314 of Principal Act.

20.—Section 314 (1) (inserted by section 12 of the Social Welfare Act, 1989 ) of the Principal Act is hereby amended by—

(a) the insertion after the definition of “allowance” of the following definitions:

“‘antecedent order’ means—

(a) an order under section 316 (4),

(b) an order under section 316 (5) (insofar as it isdeemed to be an order under section 17 of the Enforcement of Court Orders Act, 1926 ), or

(c) an order under section 316 (5) (insofar as it is deemed to be an order under section 5 of the Enforcement of Court Orders Act, 1940 );

‘attachment of earnings order’ means an order under section 316A;”,

(b) the insertion after the definition of “competent authority” of the following definition:

“‘earnings’ means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service),

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);”, and

(c) the substitution for the definition of “order of the Court” of the following definition:

“‘order of the Court’ means a maintenance order, a lump sum order, a variation order or an interim order under the Act of 1976, an order under section 10 of that Act or an order of the Court made on foot of a separation agreement.”.