Which payments does the ban on seizing salary claims reach, and on what figure is the protected portion worked out?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the seizure application or notice setting out the creditor's claim, the payroll records or payslips itemising each payment received, and the tax return or withholding record showing income tax and the income-tax share of local income tax deducted, because the provision's base excludes non-taxable income and is reduced by those taxes.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the covered claims at the provision's words: pay, pension, wage, salary, bonus, members' pay, retirement pension and claims of a similar nature all fall within reach, and retirement pay and similar claims are covered by a paragraph that states directly that the protected portion may not be seized.
Another reading notes the limits: only the figure net of income tax and the income-tax share of local income tax counts as the total, with non-taxable income left out, so a gross payslip figure is not the base, and the provision does not say which payments are of a similar nature to those it names.
Your judgment
If a payment appears under a name the provision does not list, does the record show whether it shares the nature of the listed salary claims or of retirement pay?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if an amendment changes which income items form the total or the taxes deducted from it, or if a court decision decides what counts as a claim of similar nature to the listed salary claims.