Social Security Administration Act 1992

109 Diversion of arrested earnings to Secretary of State-Scotland U.K.

(1) Where in Scotland a creditor who is enforcing a maintenance order or alimentary bond or agreement by a current maintenance arrestment or a conjoined arrestment order is in receipt of [F1 universal credit,] income support [F2 or an income-related employment and support allowance], 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 [F1 universal credit,] income support [F2 or an income-related employment and support allowance] 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.

Textual Amendments

F1 Words in s. 109(1) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 13; S.I. 2013/983, art. 3(1)(b)(ii)

F2 Words in s. 109(1) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(11); S.I. 2008/787, art. 2(4)(f)