The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.P.120 Protected earnings

Definition

When employer withholding (1.1.E.20) is in place, protected earnings is the amount of income an employer is required to leave a payer (1.1.P.40) with after they have deducted child support (1.1.C.60) from their salary or wage. Protected earnings is deducted from a parent’s (1.1.P.10) salary or wage after taxation. In circumstances where the payer would be left with less that the protected earnings amount an employer should not deduct the full specified amount of the periodic deduction from an employee’s salary or wage.

The protected earnings rate is a weekly rate prescribed by regulation. The weekly rate is prescribed as 75% of the maximum fortnightly basic rate of JSP payable on 1 January each year, to a person who has turned 21 years of age and is partnered, with no dependent children. The protected earnings rate is used to calculate the amount of the deductions for salary or wage payments made in each respective calendar year.

Example: In March 2022, Anna earns $500.00 a week and pays tax of $33.00 a week. Anna's employer is required to deduct child support of $60.00 a week. Anna is paid after-tax wages of $467.00 a week. The protected earnings rate at 1 January 2022 is $429.98. To deduct $60.00 in child support would leave Anna with less than the protected earnings rate. For that week, Anna's employer can only deduct $37.02 ($467.00 less $429.98).

The protected earnings amount for recent years is:

YearAmount ($)
2024514.50 per week
2023456.53 per week
2022429.98 per week
2021383.10 per week
2020378.53 per week
2019372.53 per week
2018364.88 per week
2017358.05 per week
2016354.45 per week
2015349.13 per week
2014339.23 per week
2013333.53 per week
2012329.55 per week
2011318.00 per week
2010308.63 per week
2009304.05 per week

Act reference: CSRC Act section 4(1)-‘protected earnings rate’, section 46 Duty of employer to make …, section 72AD Deductions from parental leave pay

CSRC Regs section 9 Protected earnings rate

Policy reference: CS Guide 5.2.4 Employer obligations for collection from salary or wages

Last reviewed: