SS(Admin)Act s62. Effect of garnishee or attachment order

SS(Admin)Act Contents Title Page Part 1 - Preliminary Part 2 - General administration of social security law Part 3 - Provision of benefits Part 3A - Nominees Part 3B - Income management regime Part 4 - Review of decisions Part 5 - Information management Part 6 - Offences Part 7 - Miscellaneous Part 8 - Transitional and saving provisions Schedules NOTES Table of Amendments Section Index Definition Index

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62. Effect of garnishee or attachment order

62.(1) If:

(a): a person has an account with a financial institution; and

(b): either or both of the following subparagraphs apply:

(i): instalments of a social security payment payable to the person (whether on the person's own behalf or not) are being paid to the credit of the account;

(ii): an advance payment of a social security payment payable to the person (whether on the person's own behalf or not) has been paid to the credit of the account; and

(c): a court order in the nature of a garnishee order comes into force in respect of the account;

the court order does not apply to the saved amount (if any) in the account.

62.(2) The saved amount is worked out as follows:

Method statement

Step 1. Work out the total amount payable to the person in respect of the social security payment that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.

Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

62.(3) This section applies to an account whether it is maintained by a person:

(a): alone; or

(b): jointly with another person; or

(c): in common with another person.

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