Enforcement & bankruptcy · Legal information

Can a Birth Allowance Be Attached, and What Does the Paper Say?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Attachment of a birth allowance does not arise of itself if the type of allowance is not written on the paper. A maternity allowance, a nursing allowance, a birth grant and the wage the employer paid are not the same label. If the type line is blank, a label is not chosen and a deduction is not built. A rate, a day and a sum are not added if they are not in the writing.

The word birth is not a single head

Writing only "birth" on the paper does not close which payment is meant. The name of the sum the institution paid in the maternity period, and the name of a one-off birth grant, are separate. A payment that passed for nursing is a third label. The wage the employer wrote on the slip during birth leave is not read as an institutional allowance. A hospital bill, a discharge summary, or a birth report is not one of these labels either. The report can be the record of the event. The report does not fill the blank type line in the attachment writing.

If these names do not stand side by side, what is missing is not put in place of the other. The type comes from the sentence of the writing and from the payment's own document. If there is no type in the document, a type is not produced. Saying "the birth money was paid in" in a text message does not choose one of the four labels. The message does not stand in for the statement. If there is more than one name on the statement, each name stays on its own line.

The employer's slip and the institution's statement

If there is a wage box on the slip, that is the sum the employer paid. If the name of maternity or nursing is on the institution's statement, the addressee is the institution. Even if the two documents came in the same month, the lines are not joined to make a single deduction order. If the writing went out to the employer, the institution's statement is not an annex of this writing. If the writing went out to the institution, the box on the slip does not of itself enter its scope. The general frame of a wage deduction is in the article on attachment of a wage. That frame is not stuck onto the word birth.

Which document's box the deduction fell from is separated. If the box is not clear, the sum that was deducted is not treated as a birth head that was not named. Even if the employer chose to enter on the slip the money that came from the institution, the name of the entry is the name on the statement. If the slip says "deduction" and does not write the type on the line below, a type is not chosen. A leave form, a time sheet, or a medical-visit paper does not carry the name of the institution's statement. If these papers do not stand in the annex, they are not a basis anyway. Even if they stand in the annex, the deduction order is not treated as built if the type line is blank.

If there is no label, a deduction is not built

If the official letter uses a general word such as "birth payments" and does not write the type, a type is not chosen. The choice does not give rise to a deduction that is not in the writing. A deduction line appearing on the slip does not make the type clear later either. The line that appears is read by which name passed in the supporting writing. While there is no name, it is not said that "all of it is deducted" or that "none of it is deducted". Neither extreme is built without the paper.

Which type belongs to which document is read after the name is written. If the writing says maternity, the nursing line is not completed from that sentence. If the writing says nursing, the maternity period is not added to the same sentence. If the writing says only a birth grant, the institution's periodic payment is not stuck onto that grant. The employer's wage is not the short name of any of these three names. If a rate of deduction is not in the writing, a rate is not put in from here. The figure on the slip does not fill the blank sum line in the writing.

A single deposit and a payment that has a period

A one-off grant appears in a single deposit. A payment that has a period stands period by period on the institution's statement. Whichever of the two the attachment writing shows, that deposit is discussed. The writing is not widened as also covering a later payment that has no name. If a sentence of scope is not in the writing, it is not added. A sum that has not yet been paid in is not tied to a deduction as a head whose name does not appear in the writing.

If the period record and the single-deposit record are mixed, the two records are placed side by side. If the date is not in the writing, a period is not invented. This page does not put a number of days between the records. If the bank description shows a single deposit, and the institution's statement shows another name that has a period, the two documents do not join. If the reference in the description does not match the name on the statement, the mismatch is not treated as closed. If the receipt does not show which name it was written to, it does not close that name.

Nursing is read under its own name

A nursing allowance is not gathered under the label of a birth grant. If nursing is written on the statement, the line is that name. If the writing does not carry this name, the line is not added to the sentence of the birth grant. Even if nursing and maternity come out of the same institution, unity of institution is not unity of name. If the addressee writings of the two names are separate, each envelope stays in its own name. If a single envelope counts both names, a line that remains outside the names that were counted does not enter the scope.

If the period in which work was interrupted and the period in which the nursing payment appears are separate in the document, they are not mixed. If the period is not in the document, it is not written that the two periods are the same. The wage after the return to work is not a continuation of the nursing line. The return slip is not put in place of the institution's statement. A spouse's, or another employee's, birth payment is not added if it is not on the person line of this file.

A retirement benefit and maintenance do not close the type

A birth payment is not read as attachment of a retirement pension. That heading is in the article on attachment of a retirement pension. A retirement slip does not stand in for the statement of maternity or nursing. How a maintenance debt is collected is in the article on enforcement of a maintenance debt. If the name of the type is not in the maintenance writing, the birth head is not opened from that writing. The list of goods that cannot be attached does not stand in for the type line either. The list is in the article on goods that cannot be attached.

The general order of attachment is in the article on how attachment works. That order does not give the name of a birth allowance to a payroll deduction whose type is blank. If a wage attachment and an institutional payment appear together in the same month, the lines are read apart. If there is no file number, which line belongs to which writing is not completed.

A hospital bill, a birth report and a discharge summary do not choose the type of the payment. Even if these documents are in hand, they do not enter the list of the basis if they are not an annex of the attachment writing. If the patient's name on the bill and the debtor's name in the writing are separate, the bill does not fill the type line. A bill drawn up in a spouse's name is not written onto the other spouse's slip. If the child's identity particulars are not on the nursing line, they are not made the owner of that line.

Even if the institution's text message and the employer's payroll note appear on the same day, the two are not the same order. If there is no type in the message, the message does not explain the deduction on the slip. If the payroll note says "birth" and the institution's statement carries another name, the name on the statement is taken as the basis. The note is not treated as having corrected the statement. If the payment has not yet been paid in, the sum that was not paid in is not entered on the slip as if it had been deducted. The employer cannot tie a head that will be paid in later to today's deduction. If a sentence of tying is not in the writing, it is not added.

A second birth, or a separate nursing period, does not of itself stand inside the first writing. The name of the new period is looked for on a new statement, or on a separate line of the same statement. If there is no line, a second period is not produced from the first label. A writing that came from the spouse's workplace and a writing that came from the institution do not join if their addressees are separate. If one says wage and the other says maternity, each stays in its own box. A sum paid into a third person's account for the child's care is not a head of this file if that person's name is not in the writing. If the name is there, their capacity is looked for on the line too. If the capacity is blank, the person is not made the debtor or the owner of the allowance. Even if the employer's human-resources note comes before the institution's statement, the note does not lock the type. If the note and the statement conflict, the label on the statement remains. The conflict is not treated as not being there by looking at the date of the note. The date does not change the name of the type. The name is still whatever is written on the statement. If there is no name on the statement, the word "birth" in the note does not close the type either. A single word does not choose one of the labels of maternity, nursing or a birth grant.

Conclusion

If maternity, nursing, a birth grant or the employer's wage is not written expressly on the paper, the deduction does not arise of itself. The line on the slip does not complete the missing type. A single deposit and a payment that has a period do not join if their names are separate. The frame is on the enforcement and bankruptcy law page. The basis is the provision of the Enforcement and Bankruptcy Code, Law No. 2004. A paper whose type is unclear can be taken up separately on the contact page.

Legislation

Frequently asked questions

Which payment does the word birth show on its own?

It does not show one. A maternity allowance, a nursing allowance, a birth grant and the wage the employer paid are separate labels. Writing only "birth" does not close the type. Which label appears on the paper determines which deposit the deduction will be tied to.

Are a maternity allowance and a birth grant the same line?

They are not the same line. One appears in the institution's periodic payment, and the other often in a single deposit. Whichever name the writing carries, that deposit is discussed. Their appearing in the same month does not join the names.

If the type was not written, what does the deduction on the slip prove?

A deduction appearing on the slip does not show that the type is express in the writing. If the type line is blank, the deduction is not treated as having arisen of itself. The missing name is not chosen from the box on the slip. The figure that appears does not stand in for the name of the type either.

Is the sum the employer paid during birth leave an institutional allowance?

It is not. The wage box on the slip is the sum the employer paid. The name of maternity or nursing on the institution's statement is a separate document. The two documents are not joined as a single order. A leave form is not put in place of the institution's statement either.

Is a nursing allowance closed by the label of a birth grant?

It is not. Nursing is read under its own name. If the writing does not carry that name, it is not added to the sentence of the birth grant. A future payment that has no name does not enter the writing of itself either. A past deposit is not brought into the scope if its name is not in the writing.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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