Social benefits

Of the various existing social allowances actual social benefits cannot be attached. In other cases attachment is based in principle on the fact whether or not the social allowances are continuous or a one-off payment.

Continuous social benefits such as pension or unemployment benefits equal income from labour and can consequently be attached (c.f. wage attachment). Exceptions are educational and maternity allowances which cannot be attached. Child allowances can only be attached as a result of legal entitlement claims by the children since they are not subject to third party access.

One-off social allowances such as death allowances can only be attached if the attachment is in all fairness reasonable. This is often assumed if the claim involved in the attachment is related to the purpose involved in the allowance. For instance, if the claim is the result of services provided in connection with the death, one may also attach the death allowance.

Social benefits paid into the debtor’s account enjoy particular attachment protection when attaching accounts. The debtor is allowed to use them for a period of seven days. It not until then that a decreed attachment also involves social benefits credited to the debtor’s account. However, there is an exception if the debtor, within the scope of a reminder (c.f. means of appeal and redress) has requested to leave him the amount which in accordance with the attachment table of the Code of Civil Procedure cannot be attached from the time of attachment until the next instalment payment date. Effectively this is a request to cancel the attachment of accounts.