If you receive an AEO and are unsure of what type the order is, contact the issuing court or creditor.
Protected earnings
To ensure that an employee has enough income, the court may set a protected earnings amount. This is on the order if applicable. Protected earnings mean the employee’s net pay can't fall below the amount entered. Any amount not deducted due to the protected earnings carries into the next period. This depends on the type of attachment that is in use.
Administration fee
For each pay period with an EAO deduction, you may take up to £1.00 from your employee’s earnings in admin costs. You can take this charge even if it reduces the employee’s income below the 60% protected earnings amount.
The admin charge of £1.00 could bring the employees pay below the National Minimum Wage. Read the HMRC article National Minimum Wage and Living Wage. You can also contact the ACAS helpline for advice. It’s a criminal offence for employers not to pay the National Minimum Wage or National Living Wage.
Priority order
Each attachment has a priority assigned to it. If the employee has only one attachment, it’s assigned a priority order one by payroll. If the employee has more than one attachment, they need to deduct in the correct order according to HMRC. The table below shows the priority of the attachments and the deduction order.
Attachment orders relating to:
- Maintenance
- Fines
- Child support
- Community Charge and Council Tax
always take priority over non-priority attachments. Such as:
- Civil debts
- Student loans
- CMAs
The rules relating to the priority order of attachments are complex. They can differ depending on the issuing authority. Whether in England and Wales, Scotland or Northern Ireland.
This table shows the settings for the different types of AEOs you may receive:
Order type | To set up in the software | Amount or percentage | Protected earnings | Carried forward | Admin fee | Other information |
Attachment of earnings order (fines or maintenance) | 1971 Priority | Amount | Yes | Yes | £1.00 | |
| Court Fines (Post April 2004) | Percentage | Yes | Yes | £1.00 | |
Child support | CSA | Amount | Yes | Yes | £1.00 | |
| Child Support DEO | Amount | Yes – fixed at 60% | Yes | £1.00 | NOTE: In when recording the PER for this deduction you need to enter the total pay the employee should have remaining. NOT the percentage amount. |
Deduction from earnings order | Deduction of Earnings Order | Amount | Yes | Yes | £1.00 | Takes priority over existing AEOs. |
Attachment of earnings order (civil debt or maintenance) | 1971 Non-Priority AEO (Civil Debts) | Amount | Yes | No | £1.00 | |
Community charge attachment of earnings order (pre 1992) | Pre 92 Community Charge | Amount or percentage | No | No | £1.00 | Contact the local authority for further advice. |
Community charge attachment of earnings order (post 1992) | Post 92 Community Charge | Percentage | No | No | £1.00 | Contact the local authority for further advice. |
Council tax attachment of earnings order | Council Tax | Percentage | No | No | £1.00 | An employee can only have two CTAEOs from the same billing authority active at any one time. Return any further CTAEOs. |
Earnings arrest | Earnings Arrest | Amount or percentage | No | No | £1.00 | Can operate with a current maintenance arrestment. Can only have one earnings arrest active at any time. If you receive more than one, return it. The employee will get a conjoined arrestment order. |
Current maintenance arrestment | Current Maintenance Arrest | Amount | No | No | £1.00 | Can operate with a current maintenance arrestment. Can only have one earnings arrest active at any time. If you receive more than one, return it. The employee will get a conjoined arrestment order. |
Conjoined arrestment order | Conjoined Arrestment Order | Amount | No | No | £1.00 | Issued for more than one earnings arrestment or current maintenance arrestment. |
Income Support Deduction Notice | Income Support Deduction Notice | Amount | Yes | No | £1.00 | |
Earnings arrest for bankruptcy and diligence | Earnings Arrest (2006) | Amount or percentage | Yes | Yes | £1.00 | |
Centralised attachments of earnings payment (CAPS) | 1971 Non-Priority AEO (Civil Debts) | Amount | Yes | No | £1.00 | |