Debtors (Scotland) Act 1987

68 Diversion of arrested earnings to Secretary of State

After section 25 of the [1986 c. 50.] Social Security Act 1986 there shall be inserted the following section—

“25A Diversion of arrested earnings to Secretary of State.

(1) Where in Scotland a creditor who is enforcing a maintenance order or an alimentary bond or agreement by a current maintenance arrestment or a conjoined arrestment order is in receipt of income support, the creditor may in writing authorise the Secretary of State to receive any sums payable under the arrestment or order until the creditor ceases to be in receipt of income support or in writing withdraws the authorisation, whichever occurs first.

(2) On intimation by the Secretary of State—

(a) to the employer operating the current maintenance arrestment; or

(b) to the sheriff clerk operating the conjoined arrestment order;

of an authorisation under subsection (1) above, the employer or sheriff clerk shall, until notified by the Secretary of State that the authorisation has ceased to have effect, pay to the Secretary of State any sums which would otherwise be payable under the arrestment or order to the creditor.”.