Questions people ask us about direct earnings attachments
Can I stop a direct earnings attachment from the DWP?
The best way to stop this is to find a way to deal with the debt before it gets to this stage. But you may be able to stop this or lower the amount taken if:
- You have a payment plan in place
- You successfully challenge the use of a DEA
- It could cause serious hardship
A direct earnings attachment can only be used to take money from wages.
Getting a payment plan in place to avoid a DEA
HMRC, DWP and councils may take lower payments if that is all you can afford. If you have a payment arrangement in place, and keep to it, they will not need to use a DEA.
What you can do today to stop a direct earnings attachment:
- Contact the department you owe the money to. Do this as soon as you can
- Ask to make monthly payments to what you owe, based on what you can afford
- Share your budget with them to show what money you need each month to cover important bills
If they agree to this, it is really important to keep on top of the payments.
We can help you with this. When you come to us for advice, we create a budget for you that shows how much you can afford to pay towards your debt. We will recommend ways to pay this money back. There are lots of ways to do this, including plans where you make just one payment a month to be shared with all your creditors. We will explain how all this works as part of your free advice.
Start debt advice now. You can pause and re-start at any time.
Challenging the decision to get a DEA
A DEA cannot be raised against you if you are:
- Self-employed
- Over the official retirement age
- Under 17 years old
- A member of the armed forces
- A merchant seaman
If you do not think you owe this money or they are not allowed to collect it from you this way, you can:
- Raise a complaint with the people you owe
- Go to their 'ombudsman'. This is the official body that oversees their work
You will need to prove you do not owe the money. This could be because:
- Their records are wrong
- You were not overpaid the benefits or tax credits
- You have already paid what you owe
Read our guide to making complaints about a creditor
Telling the creditor this would cause hardship
There is a law to protect you from this happening if too much money is taken from your wages.
You need to:
- Contact the people you owe and say you would be left in ‘serious hardship’ if a direct earnings attachment is used to take money from your wages
- Refer to this law: Regulation 25 Social Security (Overpayments and Recovery) Regulations 2013
- Make them re-consider their offer
- Make a complaint against them if they refuse to
You will need to provide proof of the hardship you are at risk of. To do this:
- Share your payslips
- Create a budget that shows how much you need to live on
- Tell them about any reasons that make you more ‘vulnerable’. Such as you or a member of your family are living with a serious health condition
We can help you create a budget. When you have debt advice with us we work out what you need to spend and how much you need to pay towards your debt. You can share the budget we make to help show what you are dealing with.
Start debt advice now. You can pause and restart at any time and our advice is always free.
Can I stop HMRC from changing my tax code?
It is hard to do this once the decision has been made to take the money in this way.
But you can object to them doing this. They may adjust your tax code if they agree it was wrong to raise the DEA.
Find out about who to make a complaint to
What counts as earnings for a direct earnings attachment?
Only your ‘net earnings’ are counted. This means what you get after things like tax and pension payments have been taken away.
Earnings include your wages and salary, commission, bonuses, overtime pay, notice payments and statutory sick pay (SSP).
These are not counted as earnings:
- Statutory maternity and paternity payments
- Statutory adoption pay
- Guaranteed minimum pension
- Expenses that have been reimbursed
If you are worried about money being taken from your wages to deal with debt, we can help you. Find out more about our free debt advice and support services.
What is the normal payment rate for a direct earnings attachment?
The payment cannot leave you with less than 60% (nearly two thirds) of your net pay.
There may be a £1 admin fee added on.
There are two payment rates. For both, the percentage (% - this means one in 100) grows based on how much you earn.
1. Standard DEA rates
This is often used for lower earners. You need to earn more than £100 a week for anything to be taken.
The percentage that can be taken is between 3% and 20%.
2. Higher DEA rates
This rate may be used if you:
- Are a higher earner
- Have been found guilty of benefit fraud or other financial crime
The percentage that can be taken is between 5% and 40%, based on what you earn.
Visit Gov.UK for more on how DEAs are calculated.
Why would I get a direct earnings attachment?
They can be used to collect different types of debt.
Other ways money can be taken from your wages for debts
DWP debts, including benefits overpayments
These include:
- Jobseekers Allowance (JSA)
- Employment and Support Allowance (ESA)
- Working Tax Credit
- Universal Credit
- Child Benefit
The DWP should write to tell you before going ahead with the DEA.
Housing benefits
Your local authority may use bailiffs or sheriff officers to recover these.
You may have to make repayments if:
- You did not report a change in circumstances
- You gave the council the wrong information
- They overpaid you by mistake
Council tax arrears would be collected through an attachment of earnings order.
Social fund payments
Loans from the DWP Social Fund which have not been repaid. These include:
- Winter fuel payments
- Cold weather payments
- Funeral payments
To query overpayments, contact The Social Fund Enquiry Line. Telephone 0800 169 0140, Monday to Friday, 8am to 6:30pm.
Income tax and tax credits overpayments
HMRC can take money directly from your wages if:
- You have arrears on income tax or other taxes
- You were paid too much in tax credits
HMRC may change payments to get money back instead of using a DEA, if:
- You get benefits, and
- You had a tax credits overpayment
You can get in touch with the HMRC tax credits helpline:
- Telephone: 0345 300 3900. Textphone: 0345 300 3909
- Monday to Friday, 8am to 8pm. Saturday, 8am to 4pm. Sunday, 9am to 5pm