MAINTENANCE ACT (as amended, as at 01-01-2005) (ii) he consents to the making of the direction. (6) An order— (a) may direct that payments in terms of the order shall be made through the clerk of the maintenance court where the order is for the time being registered in terms of section eighteen and, in such event, shall specify the person to whom the clerk of the maintenance court shall transmit payments received; (b) may be made as to a lump sum or may apportion the amount which shall be paid in respect of any dependant in whose favour the order was made; (c) may include such award as to the maintenance court seems reasonable for the payment of maintenance which is in arrears. (7) Where a direction is to be made against the State or a fund, the notice referred to in paragraph (b) of the proviso to subsection (5) shall be deemed to have been correctly given if it is served upon such person as may be prescribed: Provided that, if no such person is prescribed in relation to the State, the notice shall be deemed to have been correctly given if it is served upon the Secretary of the Ministry by which the earnings of the responsible person are payable or are likely to become payable. 7 Effect of direction (1) Notwithstanding subsection (1) of section 51 of the Children’s Protection and Adoption Act [Chapter 5:06], a direction shall have precedence over any other order of court requiring payments to be made from the earnings due to the responsible person. (2) Where a direction has been made against an employer, no part of the earnings due to the responsible person by the employer shall be applied to the settlement of any debt, including set-off, or in accordance with any agreement, expressed or implied, or any arrangement or instruction of any kind whatsoever until all payments due in terms of the direction have been made: Provided that nothing in this subsection shall be construed as relieving an employer from the obligation to withhold and make payments of employees’ tax in accordance with section 73 of the Income Tax Act [Chapter 23:06]. (3) Subject to section eight, where a responsible person ceases to be entitled to receive any earnings from an employer against whom a direction has been made— (a) that direction shall cease to have effect as regards that employer; and (b) the responsible person shall make payments which were the subject of the direction and which are due to the dependant. 8 Variation or discharge of direction or order (1) Subject to this section, an application for the variation or discharge of a direction or an order may be made to a maintenance officer of the maintenance court where the order is for the time being registered in terms of section eighteen. (2) An application referred to in subsection (1) shall— (a) be on affidavit; and (b) state the grounds upon which the variation or discharge is sought. (3) Subject to subsections (4) and (5), where an application has been made to him in terms of this section, the maintenance officer shall cause a notice to be served on all persons affected by the direction or order, as the case may be, to appear before the maintenance court on a date to be specified in the notice and to show cause why the application should not be granted. (4) The maintenance officer shall, if he considers that an application made to him in terms of this section is frivolous or vexatious— (a) decline to cause a notice to be served in terms of subsection (3); and (b) refer the application to the maintenance court. (5) If the maintenance court considers that an application referred to it in terms of subsection (4)— 4