The Diligence against Earnings (Variation) (Scotland) Regulations 2018 will be coming into force on 6th April 2019 after being laid before the Scottish Parliament on 12th November 2018.
The Regulations make changes to Part 3 of the Debtors (Scotland) Act 1987
Regulation 2(a) increases the figure in sections 53(2)(b) and 63(4)(b) of the Act, used to determine the sum to be deducted from earnings subject to a current maintenance arrestment or conjoined arrestment order, from £16.24 to £17.42.
Regulation 2(b) substitutes new Tables A, B and C for those in schedule 2 of the Act which describe the deductions to be made from earnings subject to an earnings arrestment.
The new deduction rates that will apply from 6 April 2019
TABLE A: DEDUCTIONS FROM WEEKLY EARNINGS
TABLE B: DEDUCTIONS FROM MONTHLY EARNINGS
TABLE C: DEDUCTIONS FROM DAILY EARNINGS
*When applying a percentage the calculation should be done to two decimal places of a penny and the result rounded to the nearest whole penny, with an exact half penny being rounded down.
The lower monthly threshold (Protected Minimum Balance) will also increase from £494.01 to £529.90 per month. The daily threshold used for earnings subject to a current maintenance arrestment or conjoined arrestment order will increase from £16.24 to £17.42.