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42 U.S.C. § 407Assignment of benefits

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 163 words · no verdicts yet

in plain englishAI-generated · not legal advice

People cannot sell, sign away, or be forced to give up their right to future benefits under this program. Courts, creditors, and bankruptcy proceedings cannot seize these benefits either. The government can still withhold taxes from a benefit if the person receiving it asks for that.

This section protects certain benefit payments from being taken away. (a) In general. No one can transfer or assign their right to a future benefit payment under this subchapter, whether through a legal contract or any other arrangement. The benefit money, and the right to receive it, cannot be seized through execution, levy, attachment, garnishment, or any other legal process. Bankruptcy or insolvency law cannot reach it either. (b) Amendment of section. No other law, passed before, on, or after April 20, 1983, can be read to limit, override, or change this section — unless that other law specifically refers to this section by name. (c) Withholding of taxes. This section does not stop the government from withholding taxes from a benefit payment. That withholding is allowed if the person receiving the benefit, or their representative payee, has requested it in the way section 3402(p)(1) of the Internal Revenue Code requires.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

(b) Amendment of section

No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.

(c) Withholding of taxes

Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person’s representative payee.

Source credit: (Aug. 14, 1935, ch. 531, title II, § 207, 49 Stat. 624; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1372; Pub. L. 98–21, title III, § 335(a), Apr. 20, 1983, 97 Stat. 130; Pub. L. 105–277, div. J, title IV, § 4005(a), Oct. 21, 1998, 112 Stat. 2681–911.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 49 Stat. 624
  • 1939Amended · Act of Aug. 10, 1939, ch. 666 · 53 Stat. 1362, 1372
  • 1983Amended · Pub. L. 98-21 · 97 Stat. 130
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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