42 U.S.C. § 407 — Assignment of benefits
submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 163 words · no verdicts yet
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.
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.
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.
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.)
- 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.
all 0 arguments · sorted by: best
no arguments yet — make the first case