Attachment of Earnings and Pensions

[McKenzieChum]

Hello,

I am assisting a family member with a legal dispute. They received judgment for their costs in their favour earlier in the year for a significant sum of money which the Claimant from the claim has refused to pay.

We know the claimant receives an occupational teachers pension. From my reading of the Pension Act, there doesn't seem to be anything which prevents an attachment of earnings order being applied to an occupational pension (section 91(4) of the Pensions Act 1995).

Does anyone have any experience in making the relevant attachment of earnings application? It seems totally geared to identifying employers of debtors, rather than pension providers?

[atticus]

CPR Part 89 and the Attachment of Earnings Act 1971 appear to relate solely to earnings from employment, in that "an attachment of earnings order shall be an order directed to a person who appears to the court to have the debtor in his employment". (see s6(1) of the 1971 Act, and also CPR Part 89).

[McKenzieChum]

Thanks Atticus, HMRC seem to think they can apply for attachment of earnings orders in relation to pensions (https://www.gov.uk/hmrc-internal-man...ing/dmbm667520) or is that a specific HMRC power?

Also, how does the attachment of earnings act appear to only apply to earnings, paragraph 24 of section 32 (https://www.legislation.gov.uk/ukpga/1971/32) seems to define earnings as including pensions?

[atticus]

Please link directly to the section/paragraph you have in mind. There is no section 32. (EDIT I think you mean s24(1)(b).There is an inconsistency between that section and s6.)

You can of course try an application to the court.

[McKenzieChum]

Sorry, Chapter 32, paragraph (or subsection?) 24 in that above link (https://www.legislation.gov.uk/ukpga/1971/32):

24 Meaning of “earnings”. (1)For the purposes of this Act, but subject to the following subsection, “earnings” are any sums payable to a person—

(a)by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service);

(b)by way of pension (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment).

[atticus]

A bit of research using an AI tool suggests that there may be difficulties if this is an occupational pension as distinct from a personal pension.

It has also given me this link: https://www.hoganlovells.com/en/publ...0-october-2025. That article seems worth reading.

(I have never had to enforce a judgement against a pension, so this is all new to me.)