OK thanks, I think I probably do need legal advice, I can't really afford a solicitor though!

DEA - Guide for employers may be read/downloaded from this link:

https://www.gov.uk/government/publications/direct-earnings-attachments-an-employers-guide

It seems that a company has no option but to comply with a DEA notice, no questions asked, or face a stiff fine.

Subject Access Request forms may be completed/downloaded on/from this link:

https://www.gov.uk/government/publications/subject-access-request-form

Guidance on how to go about making the request is provided.

Thanks a lot for all your help.

OK thanks, I think I probably do need legal advice, I can't really afford a solicitor though!

Seen as its a request for repayment of around 11k and if you, as the company, do no comply with a DEA order could face fines, can you not afford to speak to a solicitor

Hi

 

When I was at university as a single mum, I claimed income support, which you're entitled to do. This was back in 2001-2004!

 

The DWP have contacted me a couple of times over the years saying I fraudulently claimed and didn't declare I was a student. I absolutely did and in any case I would've still been allowed to get income support.

 

They have now written to me to say they have asked my employer to commence deductions from my earnings. The debt is over £11,000!

 

My understanding is that a debt becomes statute barred after 6 years so are they allowed to take this form of action? Ive appealed their decision twice over the years and they've dismissed it, the last time they didn't even look in to it, my bet is because they don't have the paperwork anymore!?

 

I dont actually owe them anything, it clearly says in law that you can claim income support if a student and a single parent so I don't understand it!

 

Can anyone help?

 

Thanks

Are you a micro business (fewer than 10 employees)? If so you do not have to comply with the DEA.

http://www.learnpayroll.co.uk/index.php/news/news/item/11690-direct-earnings-attachments-4

Is that link current as it's almost 6 years old and the official government link has a lot of revisions

Is that link current as it's almost 6 years old and the official government link has a lot of revisions

Relevant legislation, see Schedule 1

http://www.legislation.gov.uk/uksi/2013/384/pdfs/uksi_20130384_en.pdf

It would seem your business is exempt if it was a micro business before 08/04/2013 and still has fewer than 10 employees or was a new business formed between 08/04/2013 and 31/03/2014.

Nice find G G

My above link doesn't work so try this:

http://www.legislation.gov.uk/uksi/2013/384/contents/made

There's also a formula for calculating your number of employees.

For example, you could in fact employee 50 people whose total contracted weekly hours are 360. For the purposes of this legislation that would equate to 9.6 employees.

Yes we only have 5 staff! Amazing find! So this legislation is definitely current? Thanks so much

don't forget to get the free online sar running too on their site

Ahh just a thought, I set up my business in 2012 as a sole trader so before the law changed, but then became a limited company in January this year. Does that mean I'm classed as a new business and wouldnt be exempt? Its still exactly the same business.

I think that when you created the limited company you started a new business so aren't exempt from the legislation.