Social Welfare Consolidation Act 2005 section 343E

Attachment of earnings

Section 343E sets out how the Minister may use a notice of attachment to recover social welfare overpayments by requiring an employer to make periodic deductions from the overpaid person's wages.

• The Minister may issue a notice of attachment requiring an employer to make periodic deductions from the overpaid person's salary under a contract of service, over a specified period and at specified amounts.
• Deductions must not exceed 15% of the person's net weekly pay without their written consent, and must not reduce their income to a level where they would qualify for supplementary welfare allowance.
• The employer has 10 days to begin complying with the notice, must notify the Minister within 10 days if the person is not or ceases to be in their employment, and must give the person a written statement of each deduction made.
• The overpaid person must notify the Minister within 10 days of leaving or starting any employment (including details of earnings), and any employer aware of the notice must notify the Minister within 10 days of any change in the person's earnings.

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