Education (Student Loans) (Repayment) Regulations 2000

Priority where other deductions required

36.—(1) Where an employer is required to deduct repayments from a payment under regulation 35 but the aggregate of the deduction and any deductions on account of income tax and national insurance contributions exceeds the amount of the payment he shall make the deductions on account of income tax and national insurance first, and the amount of the repayment required to be deducted shall be the remaining balance.

(2) Where an employer is required to deduct repayments from a payment under regulation 35 and is also required to comply with one or more–

(a)attachment of earnings orders made under the Attachment of Earnings Act 1971(1) (“the 1971 Act”), the Community Charge (Administration and Enforcement) Regulations 1989(2) (“the Community Charge Regulations”), the Council Tax (Administration and Enforcement) Regulations 1992(3) (“the Council Tax Regulations”), the Judgements Enforcement (Northern Ireland) Order 1981(4), the Magistrates' Courts (Northern Ireland) Order 1981(5); or

(b)deduction of earnings orders made under the Child Support (Collection and Enforcement) Regulations 1992(6), or with one or more of both types of order paragraph (3) shall apply.

(3) An employer shall deduct repayments as if they were amounts required to be deducted pursuant to an order under the 1971 Act which–

(a)was not made to secure the repayment of a judgment debt or payments under an administration order,

(b)was the most recent order under that Act not so made, and

(c)specifies a protected earnings rate equal to the protected earnings rate specified in the most recent attachment of earnings order or deductions of earnings order not so made which specifies such a rate, unless there is no such order.

(4) Where under paragraph (3) an employer is required to comply with an attachment of earnings order made under the Community Charge Regulations or the Council Tax Regulations before deducting a repayment under regulation 35, he shall not deduct any repayment.

(5) Where an employer is required to deduct repayments from a payment under regulation 35 and is also required to comply with one or more earnings arrestments, current maintenance arrestments or conjoined arrestment orders within the meaning of the Debtors (Scotland) Act 1987(7) (whether or not he is also required to comply with an attachment of earnings order or a deduction of earnings order), he shall not deduct repayments under that regulation.