Second Group of Parts – Miscellaneous Matters Miscellaneous Section 356: Avoidance of assignment of or charge on pay and pensions etc
728.This re-enacts a current provision to the same effect and makes void assignments and charges made of or against a serviceman’s pay, pension, bounty, grant or allowances. It further prevents a court from making an order which has the effect of preventing a serviceman receiving his pay etc and directing payment of it to another person. There are two exceptions to this general prohibition: the making or variation of attachment of earnings orders, which through the Attachment of Earnings Act 1971 may only be made against service pensions and gratuities; and the payment of a serviceman’s earnings to his trustee in bankruptcy for use in discharging his debts.