Enforcement & bankruptcy · Legal information

If Attachment Is Written Against a Disability Benefit, Which Line Is Read?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

If attachment is written against a disability benefit, the line that is read is the name on the social-assistance statement. This benefit is not a wage slip. The place that pays it, the name of the benefit, and the person it belongs to stand on the paper. If one of the three is missing, what is missing is not completed from another income in the household. A retirement-pension slip is not put in place of this envelope. A rate of deduction, and a sum, are not added if they are not in the writing.

The name on the social-assistance statement

The benefit appears under its own name on the statement of the social-assistance payment. On a wage slip there are boxes for salary, premium and side payments. A disability benefit does not become a wage by being written into those boxes. If the person also works, the wage on the slip and this benefit are two separate documents. A deduction on the slip is not entered on the benefit document of itself. Even if the employer noted the name of the benefit on the slip, the note does not stand in for the institution's statement.

The place of a wage deduction is in the article on attachment of a wage. What is read here is not the box on the slip, but the name line of the benefit statement. Even if the two documents came in the same month, the lines are not joined in a single head. If the name on the statement is not "disability benefit" but another social assistance, that name is not changed to a disability benefit. If the expansion of the name is not on the statement, an expansion is not chosen.

The place that pays is not the employer's box

If the writing went out to the place that pays the benefit, or to the channel the payment passed through, the addressee is that channel. A wage writing that went out to the employer is not the addressee of the social-assistance benefit. It is looked at whether the employer's trade name, or the name of the place that makes the payment, is written on the envelope. If there is no trade name, the addressee is not guessed. A municipality, a foundation, or another place that pays is not made the authority of this benefit if it is not written on the statement.

If the name of the benefit appears in the bank description, that does not mean the whole of the account is the benefit. Whichever deposit the description names, that deposit is read. If there is no description, the balance is not labelled a disability benefit. A retirement benefit, a wage, or another assistance can also be paid into the same account. The description of each deposit is separate. If the descriptions are mixed, the whole balance is not treated as a single benefit. The list of goods that cannot be attached does not change the name on the benefit document. The list does not put a head whose name was not written into the deduction.

The general order of attachment is in the article on how attachment works. That order is not stuck onto a payroll deduction whose name does not stand on the social-assistance statement. The employer does not say they applied the order from memory and that it also covers the benefit. The scope is on the addressee line of the writing.

The name of the person the benefit belongs to is not household income

The person named in the writing, and another person in the household who has income, are not the same line. A spouse's wage, a child's grant, or another assistance in the home is not read in place of the disability benefit. Whoever the benefit was tied in the name of, that name is looked for on the statement. A household-income table is not the document of the person the benefit belongs to. If there is more than one name on the table, each name's own payment is looked for. A person whose name is not on the table is not made the person the benefit belongs to.

If the name is on one person on the statement and on another person in the writing, the deduction is not treated as built before that conflict is closed. The two names stand side by side. A missing name is not completed from someone who lives in the household. A custody or guardianship document does not change the name of the person the benefit belongs to. The document can show who followed the procedure. The document does not erase the name on the statement. If the document is not in the file, a parent is not written as the person the benefit belongs to. A benefit tied in a child's name and a benefit tied in an adult's name do not join if the names are separate.

If the writing does not carry the name of the benefit

If the official letter writes "salary", "wage", or only "claim", and does not say disability benefit, the missing name is not completed as social assistance. The deduction is discussed for the head named in the writing. A benefit whose name does not appear does not of itself enter the deduction from this writing. If the writing says "all income", this general word does not stand in for the particular name on the statement. If the particular name stands on the statement, the general word does not erase that name. If the particular name is on no document, a name is not produced from the general word.

If a rate of deduction is not in the writing, a rate is not put in from here. The sum the employer applied on the slip is not read as the sum of the order in the writing. If the sum line is blank, the figure on the slip is not treated as having completed the order. If the figures conflict, the conflict is not closed by choosing the smaller one or the larger one. Both figures stand on the paper.

A home-care payment is a separate name

A home-care payment is a separate name. If the writing does not carry that name, it is not added to the sentence of the disability benefit. The two payments may go to the same institution or the same account. The names do not join because the place they go to is the same. If there are two lines on the statement, the addressee of each line is looked for separately. If one writing shows only the disability benefit, and the other shows only the home-care name, each writing stays on its own line. A line that has no writing is not made an annex of the other.

The name of the person who undertook the care, and the name of the person the benefit belongs to, can differ. If the difference is written on the statement, the two names are not mixed. If the person who undertook the care is not on the line, they are not made the debtor or the person the benefit belongs to. If the care contract is not an annex to the attachment writing, the contract does not change the name of the benefit.

An invalidity slip does not stand in for this envelope

An invalidity or old-age benefit is not a social-assistance statement. That slip is in the article on attachment of a retirement pension. The institution on the slip and the place that pays the social assistance are read apart. The same person can have both a retirement benefit and a disability benefit. Even if the two were paid in the same month, the slips are not joined. A writing that went out for one does not cover the other's name if it does not carry that name.

A maintenance file does not, on its own, change the name of the benefit. Enforcement of maintenance is under enforcement of a maintenance debt. The steps of those proceedings are not written here. If the name of the disability benefit does not appear in the maintenance writing, the benefit is not added to the maintenance head. If the two deductions appear on the same slip, the file numbers are looked for separately. If there is no number, which one is ahead is not written from here.

If the channel the benefit was paid into has changed, the receipt of the old channel is not the statement of the new channel. If the name of the channel is not in the writing, a bank, the post office, or another intermediary is not chosen from here. The name of the intermediary does not stand in for the name of the place that pays. If the intermediary is not written on the statement, they are not made the addressee. If there is a deposit in two channels in the same month, the description of each deposit is separate. If there is no description, the two deposits are not added as a single benefit.

A health-board report can be the document by which the benefit was tied. The report is not an attachment writing. A rate or a period on the report is not carried into the deduction order. If the report is lost, the benefit is not rebuilt from the report. If the benefit statement carries the name of the person on the report, the name is read beside the debtor in the writing. If the names are separate, the report does not correct the debtor line. A sentence about needing care, or about capacity to work, is not added from this page if it is not in the writing.

If the benefit is paid into a relative's account, the account holder and the person the benefit belongs to can appear separately on the statement. If the writing went out to the account holder, and the benefit is in another name, the two names are read side by side. If the account holder is not on the line of the person the benefit belongs to, they are not made the debtor. A guardian or a representative does not erase the name on the statement. If the power of attorney is not in the annex, the representative is not declared the addressee. If the same person has two separate benefits, the name of each benefit is on its own line. If one is a disability benefit and the other is another social assistance, whichever the writing counts is what is counted. A name that was not counted is not made an annex of the one that was counted. If the bank joined the two benefits in a single description, the joined description does not build the type. The type comes from the institution's statement. If the statement is lost, the general word "assistance" in the bank description is not completed as a disability benefit. If the description is blank, the account balance is not made the sum of the benefit either. If the sum is not on the institution's own line, it is not written from here.

Conclusion

There are three lines that are read: the name of the benefit, the place that pays it, and the person it belongs to. A wage slip does not carry these three lines. A home-care name, and an invalidity slip, do not stand in for the social-assistance statement. The frame is on the enforcement and bankruptcy law page. The official text stands as the Enforcement and Bankruptcy Code, Law No. 2004. The benefit writing in hand can be examined through contact.

Legislation

Frequently asked questions

Does a disability benefit appear on the wage slip?

A social-assistance benefit does not arise on the employer's wage slip. It stands on its own statement, and under its own name. If the person also works, the wage on the slip and this benefit are two documents. A note written by hand on the slip does not stand in for the institution's statement.

If the writing went to the employer, does it operate on the benefit?

A wage writing that went out to the employer is not the addressee of the social-assistance benefit. If the place that pays the benefit does not appear on the writing, the addressee is not guessed. The employer does not choose a deduction from this head while they do not have the benefit statement in hand.

Is other income in the household read in place of this benefit?

It is not. A spouse's wage, a child's grant, or another assistance in the home is not the document of the disability benefit. The name of the person the benefit belongs to is looked for on the statement. The household table does not complete a line whose name is missing.

Are an invalidity benefit and a disability benefit the same paper?

They are not treated as the same paper. A slip for an invalidity or old-age benefit goes to the reading of a retirement pension. A disability benefit tied as social assistance stands on its own statement. Even if the two slips come in the same month, the names are not joined.

Does a home-care payment join this benefit?

It does not. A home-care payment is a separate name. If the writing does not carry that name, it is not completed as a disability benefit. A head whose name does not appear does not enter the deduction from the writing. If the two names stand side by side, each is read from its own line.

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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