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Prisoners' Earnings Act 1996

Consolidated Text As Enacted Cited authorities 10 Cited in Amendments 21 Related
Vincent
JurisdictionUK Non-devolved
Citation1996 c. 33
Year1996
a prisoner is paid for enhanced wages work done by him; andhis net weekly earnings in respect of the work exceed such amount as may be prescribed.(2) Where the prisoner’s net weekly earnings fall to be paid by the governor on behalf of the Secretary of State, the governor may make a deduction from those earnings of an amount not exceeding the prescribed percentage of the excess.(3) Where those earnings fall to be paid otherwise than as mentioned in subsection (2) above, the governor may impose a levy on those earnings of an amount not exceeding that percentage of the excess.(4) In this section—
  • “enhanced wages work”, in relation to a prisoner, means any work—
    • (a) which is not directed work, that is to say, work which he is directed to do in pursuance of prison rules; and
    • (b) to which the rates of pay and productivity applicable are higher than those that would be applicable if it were directed work;
  • “net weekly earnings” means weekly earnings after deduction of such of the following as are applicable, namely—
    • (a) income tax;
    • (b) national insurance contributions;
    • (c) payments required to be made by an order of a court; and
    • (d) payments required to be made by virtue of a F2maintenance assessmentF2maintenance calculation within the meaning of the Child Support Act 1991.
the making of payments (directly or indirectly) to such voluntary organisations concerned with victim support or crime prevention or both as may be prescribed;the making of payments into the Consolidated Fund with a view to contributing towards the cost of the prisoner’s upkeep;the making of payments to or in respect of such persons (if any) as may be determined by the governor to be dependants of the prisoner in such proportions as may be so determined; andthe making of payments into an investment account of a prescribed description with a view to capital and interest being held for the benefit of the prisoner on such terms as may be prescribed.(2) Where the governor determines under paragraph (c) of subsection (1) above that the prisoner has no dependants, any amount which would otherwise have been applied for the purpose mentioned in that paragraph shall be applied for the purpose mentioned in paragraph (d) of that subsection.(3) Where the prisoner is aggrieved by a determination of the governor under subsection (1) (c) above, he may appeal against the determination to the Secretary of State.(4) On such appeal, the Secretary of State may confirm the governor’s determination or direct the governor to vary it, so far as relating to amounts deducted or levied after the giving of the direction, in such manner as may be

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