42-U.S.C.-407
§407 – Assignment of Benefits
Pathway
Title 42 > Chapter 7 > Subchapter II > Section 407
Details
- Reference: Section 407
- Legend: §407 – Assignment of Benefits
- USCode Year: 2011
Provision Content
(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 persons representative payee.
(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.)
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.
Codification
In subsec. (b), “April 20, 1983” substituted for “the date of the enactment of this section”, which was translated as meaning the date of enactment of this subsection, as the probable intent of Congress.
Amendments
1998—Subsec. (c). Pub. L. 105–277 added subsec. (c).
1983—Pub. L. 98–21 designated existing provisions as subsec. (a) and added subsec. (b).
1939—Act Aug. 10, 1939, amended section generally, incorporating provisions of former section 408 of this title.
Effective Date of 1983 Amendment
Section 335(c) of Pub. L. 98–21 provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to benefits payable or rights existing under the Social Security Act [this chapter] on or after the date of the enactment of this Act [Apr. 20, 1983].”
Effective Date of 1939 Amendment
Section 201 of act Aug. 10, 1939, provided that the amendment made by that section is effective Jan. 1, 1940.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-301 in the Legal Encyclopedia: Social Security
In this entry about 42-U.S.C.-301, find legal reference material, bibliographies and premiere content related to social security in the American Encyclopedia of Law, presenting a comprehensive view of the United States social security-specific issues, written by authorities in the field.
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