Guide · Garnishments & Over-Collection
Garnishment of National Insurance Benefits — What Is Protected and How to Act
Many benefits from the National Insurance Institute are intended to secure a basic livelihood, and the law protects them — in whole or in part — from garnishment. If a protected benefit has been garnished from you, you may be entitled to a refund.
Which benefits are protected from garnishment?
The law protects benefits intended to secure a basic livelihood. Among the benefits that enjoy protection (in whole or in part) are benefits whose purpose is basic subsistence and assistance. The protection applies even when the benefit is deposited into the bank account, subject to identifying the source of the funds. The rules and exceptions are updated from time to time, so it is important to check the current position in the official sources.
What happens once the benefit is in the account?
Even after the benefit has entered the account, it is usually possible to point to its source and request that it be protected from garnishment. It is important to keep records of the deposits.
A protected benefit was garnished from me — what do I do?
- Collect a benefit confirmation from the National Insurance Institute and an account statement.
- Show the source of the funds (a protected benefit).
- File a request to lift/reduce the garnishment and to return the amounts that were collected.
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This guide is general information only, based on official public sources and databases, and does not constitute legal advice or a substitute for individual advice from a lawyer. Amounts and rules are updated from time to time. Use of the site does not create an attorney–client relationship.