This seems to be one of most used tactics of theft of your property, the Commission uses. According to one of their publications, the Commission seems to think that they can issue what they call Administrative Deduction from Earnings Orders and they do not need to need to go to court to have the order imposed. It is then upon the discretion of a senior colleague to finalise the Deduction Order and then utilise it as some kind of lawful court order. If you can void court orders using High Court rules and case law, then the same applies to their administrative Deduction Orders.
The CSA are informing employers that it is a criminal offence to either fail to give them their employees details upon request and/or fail to pay the funds from their employees income. The employer has every right to protect his employees data and has every right to ask the CSA to provide proof that their employee is the liable person. It quite clearly states in their own EU directive known as the Child Support Act 1991:
Dead Beat Dads Association is in possession of a Court Transcript, where the CSA admitted that employers can ask to see proof that their employee is the liable person. If the CSA refuse to do so then should the CSA try to prosecute the employer, then a counterclaim under the fraud act can be brought against the employee of the CSA who tries to bring a claim against the employer.
“31Deduction from earnings orders
(1)This section applies where any person (“the liable person”) is liable to make payments of child support maintenance.
The employer therefore has every right to request to see proof in LAW that his employee is the LIABLE PERSON, and the Commission provides space on their deductions sheet for the employer to state the reasons why the deduction can not be made. We recently assisted an employer in court and it was confirmed that the Employer had every right to with hold information and funds as there had been no proof provided to show that the employee was a liable person.
The employer has to comply with the Employment Rights Act 1996 section 13:
13 Right not to suffer unauthorised deductions.
(1)An employer shall not make a deduction from wages of a worker employed by him unless—
(a)the deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker’s contract, or
(b)the worker has previously signified in writing his agreement or consent to the making of the deduction.
(2)In this section “relevant provision”, in relation to a worker’s contract, means a provision of the contract comprised—
(a)in one or more written terms of the contract of which the employer has given the worker a copy on an occasion prior to the employer making the deduction in question, or
(b)in one or more terms of the contract (whether express or implied and, if express, whether oral or in writing) the existence and effect, or combined effect, of which in relation to the worker the employer has notified to the worker in writing on such an occasion.
Statutory provisions have been confirmed to be Tax, National Insurance and Pension Contributions, a Statutory Provision is NOT a Deduction from Earnings Order enforced by the Commission as it does not comply with the Attachment of Earnings Act 1996, nor does the Agency hold any judicial capacity to make any Judicial Order, that’s the job for the Courts. It has to be proven in Law that the non resident parent is the liable person, the only way this can be done is in court, just the same as a Council Tax Liability Order. If it is proven that the non resident parent is liable then the commission has to apply to the courts to get an Attachment of Earnings order, which is the correct procedure according to their legislation.
It has become common practice for employers to inform their employees, when questioned about why private funds have been deducted from their pay packet, that it is the LAW. Unfortunately most employers are not interested in protecting their employees and the CSA prey on the ignorance of employers to just dip into their private income of their employee without any proof of identity or liability, and transfer funds in an account being held at HSBC sort code 40-34-18 account number 41775448. Here is the proof of where employees private funds are being paid into, this has been taken from a document served from the CSA to an employer:
It is also fact that the interest earned on this public bank account is paid to the Treasury
Notice here how they instruct the employer that they MUST deduct the amount shown on the order
There is nothing in their private codes ( Child Support Act 1991 Child (Collections and Enforcement Regulations 1992 or even at law, that states you MUST deduct any amounts from your employees property. This is misleading advice to which is a Criminal offence by the Agency.
By requesting the Agency’s legal qualifications, and by their refusal to show such qualifications, and or even make some law up that authorises them to give such advice, is a defence even under their private codes. Section 32 (10) (10)It shall be a defence for a person charged with an offence under subsection (8) to prove that he took all reasonable steps to comply with the requirements in question.