Legislation – Child Maintenance and Other Payments Act 2008

In section 31 of the Child Support Act 1991 (deduction from earnings orders), for subsection (8) substitute—

“(8)

In this section and section 32 “earnings” means (subject to such exceptions as may be prescribed) any sums payable to a person which fall within one or more of the following paragraphs—

(a)

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 or payable under a contract of service);

(b)

periodical payments by way of pension (including an annuity payable for the purpose of providing a pension), whether or not in respect of past services;

(c)

periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment;

(d)

sums payable by way of statutory sick pay.

(9)

For the purposes of this section and section 32 any person who (as a principal and not as a servant or agent) pays to the liable person any earnings is to be treated as having the liable person in his employment; and the following are to be read accordingly—

(a)

in this section and section 32, references to the liable person’s employer; and

(b)

in section 32(3), “employment”, “employed” and “re-employed”.”