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. Effect of garnishee order on instalment of PLP


The rule against inalienability ceases to apply once an instalment of PLP has been paid into a bank account because the payment loses its character as an instalment at that point.

However, there is further protection for an instalment that has been paid into an account from the effect of a court order in the nature of a garnishee order. The court order does not apply to a saved amount, worked out under the method statement in section 97. The definition of saved amount (1.1.S.10) references this provision.

The saved amount is worked out as follows:

  • Step 1 - work out the total amount of the instalments that have been paid to the credit of the account during the 4 week period immediately before the court order came into force.
  • Step 2 - Subtract from the Step 1 amount the total amount withdrawn from the account during the same 4 week period.
  • The result is the saved amount.

Act reference: PPLAct section 66 Protection of instalment, section 97 Effect of garnishee etc. order

Policy reference: PPL Guide Debt recovery by garnishee notice

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