61Attachment of benefits

61 Attachment of benefits

(1) Where a judgment given by a court for the payment of a sum of money has not been fully satisfied by the judgment debtor and the judgment debtor is entitled to benefit under Part V, the judgment creditor may serve on CSC, in the manner prescribed, a copy of the judgment, certified under the hand of the registrar or other proper officer of the court by which the judgment was given, and a statutory declaration by the judgment creditor stating that the judgment has not been fully satisfied by the judgment debtor and specifying the amount due by the judgment debtor under the judgment. (2) Where a copy of a judgment and a statutory declaration are served on CSC in accordance with subsection (1), CSC shall, as soon as practicable, by notice in writing given to the judgment debtor, inform him of the service of those documents and require him to notify CSC within the period, and in the manner, specified in the notice, whether the amount specified in the declaration is still due under the judgment and, if no amount or a lesser amount is due under the judgment, to furnish to CSC, in the manner specified in the notice, evidence in support of that fact. (3) A person to whom a notice is given under subsection (2) shall comply with the requirements contained in the notice.

Penalty: 1 penalty unit.

(4) If, at the expiration of the period specified in the notice, CSC is satisfied that an amount is due under the judgment, CSC may, in his discretion, deduct from the benefit, and pay to the judgment creditor, such sums as do not exceed that amount. (5) A deduction shall not be made from: (a) an instalment of pension payable in respect of a child; or (b) an instalment of any other pension if the deduction will reduce the amount of the instalment payable to less than one‑half of the amount that would, but for this section, be payable. (6) If, after a copy of a judgment given against a beneficiary, being a judgment in respect of which CSC is satisfied that an amount is due, has been served in accordance with subsection (1), a copy of another judgment given (whether before or after the first‑mentioned judgment) against the same beneficiary in favour of the person in whose favour the first‑mentioned judgment was given or in favour of another person is served under that subsection, CSC shall not make a payment in accordance with this section to the judgment creditor under the other judgment in respect of the amount due under that judgment until the amount due under the first‑mentioned judgment has been paid. (7) A payment made to a judgment creditor in accordance with this section shall, as between CSC and the beneficiary, be deemed to be a payment under Part V to the beneficiary. (8) A judgment creditor who serves a copy of a judgment on CSC under subsection (1) shall notify CSC, in the manner prescribed, immediately the judgment debt is satisfied.