Revised Laws of Saint Lucia (2021)

Schedule 2

(Sections 6 and 8)

DEDUCTIONS BY EMPLOYER AND ATTACHMENT OF EARNINGS ORDER

PART I
SCHEME OF DEDUCTIONS

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   1.   For the purposes of this Schedule the expressions used herein are defined and explained as appears in the following 3 paragraphs.

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   2.   “Pay-day” in relation to earnings paid to a debtor, means an occasion on which they are paid.

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   3.   “Attachable earnings” in relation to a pay-day, are the earnings which remain payable to the debtor on that day after deduction by the employer, of—

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      (a)     income tax;

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      (b)     contributions under the following—

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         (i)     National Insurance Corporation Act, or

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         (ii)     any other insurance company;

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      (c)     contributions deductible under the Widows and Children's Pensions Act.

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   4.   On any pay-day—

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      (a)     “the normal deduction” is arrived at by applying the normal deduction rate, as specified in the relevant attachment of earnings order, with respect to the period since the last pay-day or, if it is the first pay-day of the debtor's employment with the employer, since the employment began; and

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      (b)     “the protected earnings” are arrived at by applying the protected earnings rate, as so specified, with respect to the said period.

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   5.   (1)   Where on any pay-day the attachable earnings exceed the sum of—

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      (a)     the protected earnings; and

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      (b)     so much of any amount by which the attachable earnings on any previous pay-day fell short of the protected earnings as has not been made good by virtue of this subparagraph on another previous pay-day,

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   then, in so far as the excess allows, the employer shall deduct from the attachable earnings the amount specified in subparagraph (2).

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   (2)   The said amount is the sum of—

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      (a)     the normal deduction; and

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      (b)     so much of the normal deduction on any previous pay-day as was not deducted on that day and has not been paid by virtue of this subparagraph on any other previous pay-day.

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   (3)   No deduction shall be made on any pay-day when the attachable earnings are equal to, or less than, the protected earnings.

PART II
PRIORITY AS BETWEEN ORDERS

(Section 7)

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   6.   Where the employer is required to comply with 2 or more attachment of earnings orders in respect of the same debtor, then on any pay-day the employer shall, for the purpose of complying with Part I of this Schedule—

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      (a)     deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with;

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      (b)     deal with any later order as if the earnings to which it relates were the residue of the debtor's earnings after the making of any deduction to comply with any earlier order.