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failure to hand over DEA deductions

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 497

Joined: 22 January 2020

We’ve got a situation where an employer has been failing to give DWP the monies deducted for a Direct Earnings Attachment.

I can’t ind anything in the WRHB or Sweet & Maxwell ( no I won’t be abbreviating that…)

Thoughts?

Elliot Kent
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Shelter

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Joined: 14 July 2014

Non-compliance with various parts of the DEA scheme is an offence punishable by a fine. That is probably a matter between the employer and DWP.

See : https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide/direct-earnings-attachment-a-guide-for-employers
https://www.legislation.gov.uk/uksi/2013/384/regulation/30/made

If the employer is still deducting the money from the employee’s payslip and just not paying it over to the DWP, then I would imagine that should just be treated as an unlawful deduction from wages and employment law advice would be in order.