Attachment of Earnings
Attachment of Earnings - Employees Guide
Administering Council Tax Attachment of Earnings Orders
Your employer has been served a notice by the London Borough of Southwark ordering them to make deductions from your net earnings (as defined in regulation 32 of those regulations).
This guide for employees is broken into three parts. The first (sections 2 to 9) explains how a Council Tax Attachment of Earnings Order arises, what it looks like and how to deal with it. The second part (sections 10 to 20) explains how you calculate earnings and the appropriate deductions to make. The third part (section 21 and Annexes A to C) provides further useful information.
2. How does a Council Tax Attachment of Earnings order arise?
When a local authority issues a Council Tax bill and reminder but does not receive payment, it may apply to a magistrates’ court for a summons directing a person to appear before the court to explain why the Council Tax has not been paid.
If non-payment is proved, the court issues a liability order for the Council Tax payable, plus the costs incurred by the local authority in obtaining the liability order. Once it has obtained a liability order, the local authority has a number of options, including attachment of earnings, for recovering the amount stated in the liability order.
If it considers attachment of earnings is the appropriate course, the authority will issue a CTAEO to the employer whom it believes has the debtor in his employment, sending a copy of the order to the debtor.
3. What does a CTAEO look like?
The format of the order is prescribed in regulations to ensure consistency of presentation and is therefore expressed in a rather formal way. The order states the name and address of the debtor, the amount they owe and requires that the deductions are calculated, in accordance with the regulations, for net earnings. The order must be sent with the prescribed deduction tables and a copy of the regulations which deal with CTAEO’s. You can find a copy of the order at Annex A and the relevant regulations at Annex B at the end of this guide. A copy of the deduction tables can be found at Annex C.
4. What duties does a CTAEO place on the employer?
If you receive a CTAEO for someone who is no longer or has never been in their employment then they should inform the issuing authority within fourteen days in writing and your responsibility to do anything under the order will cease.
If the person who is the subject of the order is in employment then your employer should make deductions from your earnings. Sections 10 to 20 explain how they should calculate earnings and the deductions to be made. These deductions should begin as soon as possible after the receipt of the order. The amount deducted should then be forwarded to the authority by the 19th day of the month following in which the deduction was made.
Your employer must inform you in writing about each deduction, and of either the total deductions made under the order to date or the outstanding balance to be repaid to the authority, when you are given your pay statement. If no pay statements are usually given they must inform you in writing as soon possible after making the deduction. In each case they must include the amount they have deducted or will deduct towards their administrative costs for operating the order.
5. What about administration costs?
Your employer may deduct £1 towards administration costs from your earnings each time they make a deduction under a CTAEO. This amount must be included when your employer notifies you about deductions made.
6. How long does CTAEO last?
7. What happens if an employer doesn’t comply with a CTAEO?
A CTAEO is a legal document and an employer could be liable for a fine if they:
- Fail to comply with the order unless they can prove reasonable steps were taken to comply
- Fail to give all required notifications relating to the CTAEO
- In giving notification make a statement which they know to be false in material particular or recklessly make a statement which is false in a material particular.
8. What about duties on employees?
Within fourteen days of being asked to do so, you must write to the local authority giving:
- The name and address of your employer
- The amount of their net earnings and anticipated net earnings
- Your place of employment, the nature of your work and any pay reference/works number
- You must also write to the local authority within fourteen days of leaving your employment, or becoming unemployed or re-employed.
9. What about duties on local authorities?
An authority must tell the employer when the whole amount to which a CTAEO relates has been paid, including when the payment was not made by means of a CTAEO.
An authority may, on its own account, or on application by the debtor or the debtor’s employer, make an order discharging the CTAEO. Where a CTAEO is discharged the authority should notify the employer.
10. What amount should an employer make a deduction against?
11. What are net earnings?
For the purposes of these orders, net earnings mean earnings after the deduction of:
- Income tax
- Primary Class I national insurance contributions
- Superannuation contributions and
- Any deduction with a higher priority.
12. What are earnings?
Earnings are defined as sums payable by way of:
- Wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary payable under a contract of service)
- Statutory sick pay
Earnings do not include:
- Sums payable by public departments of the Government of Northern Ireland or of a territory outside the United Kingdom
- Pay and allowances of members of the armed forces (other than that paid by an employer to a person as a special a member of a reserve force)
- Benefit or allowances payable under any enactment relating to social security (this includes statutory maternity pay, statutory paternity pay and statutory adoption pay)
- Tax credits
- Allowances payable in respect of disablement or disability; and
- Wages payable to a person as a seaman, other than as a seaman of a fishing boat.
13. How much should be deducted?
Once your employer has worked out your net earnings, they should use the deduction tables that the local authority will send out with the CTAEO to calculate how much should be deducted. Different levels of deductions apply depending on when the CTAEO was originally made. Annex C sets out the rates applicable for orders made on or after 1 April 2007. All the examples assume that the CTAEO was made on or after 1 April 2007.
Working out the correct amount to deduct from net earnings will usually be straightforward. Your employer should simply find the attachable earnings range within which the employee (you) falls in the first column of the deduction tables (daily, weekly or monthly as appropriate) that the local authority will send them with the CTAEO and apply the appropriate percentages deduction rate from the second column.
If you are paid at intervals of whole months or weeks, but not each week or month, for example fortnightly, then your employer should simply divide the payment by the number of weeks or months to which it applies, calculate the deduction as normal and then multiply the resulting amount by the number of weeks or months to arrive at the total deduction to be paid.
Example 1: Your employer has received a CTAEO and you are paid fortnightly.
This leaves £528
If an employee (you) is paid at regular intervals, but not at intervals of whole number of weeks or months, then net earnings should be divided by the number of days. The daily deductions table should then be used to work out the appropriate daily rate, which should then be multiplied by the number of days in the period.
Example 2: Your employer has received a CTAEO and you are paid on the 10th, 20th and last days of each month. The pay period is 21 – 28 February.
Your employer may, for example, pay earnings to a salesperson on a weekly basis and pay them commission monthly. If this is the case, they should apply the appropriate table to work out the deduction for the series with the shortest interval between payments. This means that, if you are paid on a weekly basis but also receive a regular monthly sum, they should apply Table 1 to your weekly earnings. In addition, they should deduct 20% of the attachable earnings payable on a monthly basis.
Example 3: Your employer has received a CTAEO and you are paid weekly and monthly.
Add the £14 and £100 together for payment to the local authority, deduct £1 for each deduction and pay the remaining amount to your employee.
If your employer pays employees (you) at irregular intervals, they should divide their attachable earnings by the number of calendar days since the last payment, they should then use Table 3 to work out the appropriate daily deductions, and multiply this figure by the number of days in the period.
Example 4: Your employer has received a CTAEO and you are paid at irregular intervals.
£270 for 9 days (1 April to 9 April)
£1,100 for 11 days (10 April to 20 April)
£500 for 10 days (21 April to 30 April)
£270 divided by 9 = £30
£1,100 divided by 11 = £100 and
£500 divided by 10 = £50
9 x £2.10 = £18.90;
11 x £26.24 = £288.64; and
10 x £6.00 = £60.00 respectively.
Your employer should apply the appropriate table to regular payments made to you. If your employer also makes an irregular payment to you, but not on the same pay day as the regular payments, they should deduct 20% of the irregular payment.
Example 5: Your employer has received a CTAEO. You are paid your regular monthly salary on 30 November and Christmas bonus payment on 10 December.
If both a regular payment and an irregular payment fall due on the same pay-day, your employer should combine the two payments for the purpose of calculating a deduction and treat the combined payment as if it were a single payment made on the regular pay-day, applying the appropriate table to the whole sum.
Example 6: Facts as in Example 5 above except now the Christmas bonus is paid on 20 December at the same time as the regular monthly salaries for December
The amount to deduct is the aggregate of
a. the amount that would have been deducted on the pay day if there had been no advance of pay; and
b. the amounts that would have been deducted if the amounts advanced had been paid on the normal pay day or days.
Example 7: You have received a CTAEO, In addition to their weekly salary you are paying your employee two week’s holiday pay in advance.
Note that since you are making a deduction from a single payment, only £1 may be deducted for administration costs.
Loans made, for example, for the purchase of a season ticket or for helping with moving house, are not advances of pay and should not be counted as earnings.
The way that repayments of such loans are treated in calculating a deduction depends on the date that the CTAEO was made:
- For calculating a deduction under CTAEO made on or after 1 April 1995, the AEO deduction should be based on net earnings before any loan repayment
- For CTAEOs made before 1 April 1995, net earnings should be reduced by the amount of the repayment made to the employer.
21. Further help and advice
You must liaise with your employer about any queries relating to the sums to be deducted under this order. The Council cannot assist you with this as it is based on information that your employer holds for payroll purposes.
The deduction table rate (Annex C) is set and neither the Council nor your employer can vary or reduce the percentage taken.
Only immediate payment of the amount shown on the notice that accompanies this guide will prevent deductions being made via your earnings, as full settlement will result in the order being cancelled.
If you wish to make a payment please see details below on how to make a payment.
- 24-hour automated payment line - You can make a Debit or credit card payment by calling 0345 6000 611
- Payment online - www.southwark.gov.uk/payforit
- BACS and Internet Banking – Please quote the Council’s sort code 62-24-00 and account number 96828803 together with your Council Tax account reference when making a payment
- Paypoint outlets – You can use the barcode on the front of your bill or attachment of earnings letter to pay at any PayPoint outlet or at the Post Office
Annex A: Example of an attachment of Earnings Order
[Name of billing authority]
Regulation 37 of the Council Tax
(Administration and Enforcement Regulations 1992
[Debtor’s name and address] [payroll/works No.] [Billing authority’s reference]
To any person who has in his employment the person named above.
On [date] the [name] magistrates’ court made a liability order under regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992 against the person named above.
Under regulation 37 the authority which applied for the liability order, [name of authority] may make an attachment of earnings order to secure the payment of the appropriate amount, which under regulation 37
(1A) is the aggregate of –
(a) any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and
(b) such additional sums and costs as are specified in regulation 37 (1A) (b).
Calculated in accordance with regulation 37 (1A) the appropriate amount in relation to this order is £[amount].
YOU ARE ORDERED by [name of billing authority] to make deductions from the net earnings (as defined in regulation 32 of those regulations) of the person named above at the times and at the rate specified in regulation 38 of those regulations. The first such deduction shall be made as soon as reasonably practicable after the service on you copy of this order. A copy of regulations 32 and 38, together with regulations 39 to 42 schedule 4, are set out at the end of this order.
YOU ARE ALSO ORDERED to pay each sum deducted to [name of billing authority and address for payments] within the period of 19 days beginning on the last day of the month in which the deduction was made.
Proper officer of the authority
*indorsement on copy sent to person appearing to have the debtor in his employment.
It appears to [name of billing authority] that you have the above-named debtor in your employment. You must notify [name of billing authority] in writing within 14 days of the date of service on you of this copy of order if you do not have debtor in your employment. You must also notify [name of billing authority] in writing within 14 days of the day on which the debtor leaves your employment. Failure to do so may render you liable to a fine.
*indorsement on copy sent to debtor
This is a copy of an attachment of earnings order served on your employer. If you leave his employment or become employed or re-employed you must notify [name of billing authority] in writing within 14 days, giving the particulars specified in regulation 40 (1) of the Regulations mentioned in order. Failure to do so may render you liable to a fine.
Annex B: Legislation
The powers to make Council Tax Attachment of Earnings Orders are found in the Local Government Finance Act 1992.
The rules under which Council Tax Attachment Earnings Orders should be administered are set out in the Council Tax (Administration and Enforcement) Regulations 1992, SI No. 1992/613. These have however been amended on a number of occasions, most significantly by S1 No. 1998/295 to update the deduction tables for orders made on or after 1 October 1998 and S1 No. 2006/3395 to update the deduction tables for orders made on or after 1 April 2007. SI No. 2007/501 corrects a typographical error in SI No. 2006/3395 and makes a minor amendment to the form of Attachment of Earnings Order.
Page last updated: 05 May 2021