Title 42 — The Public Health and Welfare
Chapter 7 — Social Security
§ 407. Assignment of benefits
Statutory text
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.
Amendment of section
No other provision of law, enacted before, on, or after , 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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 74–531 · 49 Stat. 620
Enacted · 42 U.S.C. § 407
Aug. 14, 1935, ch. 531, title II, § 207, 49 Stat. 624
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 207, 49 Stat. 624Pub. L. 98–21 title III § 335(a) · 97 Stat. 65
Amended · 42 U.S.C. § 407
Pub. L. 98–21 designated existing provisions as subsec. (a)
Added · 42 U.S.C. § 407
Pub. L. 98–21 added subsec. (b)
Source evidence
Code amendment note
Pub. L. 98–21 designated existing provisions as subsec. (a) and added subsec. (b).Enacted provision · exact public law section
(a) Section 207 of the Social Security Act is amended— 42 USC 407. (1) by inserting “(a)” before “The right”; and (2) by adding at the end thereof the following new subsection: “(b) No other provision of law, enacted before, on, or after the date of the enactment of this section, 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.”.Effective date note
Pub. L. 98–21, title III, § 335(c), Apr. 20, 1983, 97 Stat. 130, 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 [42 U.S.C. 301 et seq.] on or after the date of the enactment of this Act [Apr. 20, 1983].”Pub. L. 105–277 div. J title IV § 4005(a) · 112 Stat. 2681
Added · 42 U.S.C. § 407(c)
Pub. L. 105–277 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 105–277 added subsec. (c).Enacted provision · exact public law section
(a) Inapplicability of Assignment Prohibition.— Section 207 of the Social Security Act (42 U.S.C. 407) is amended by adding at the end the following new subsection: Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this title, 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.”.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
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), “” 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.
Amendments1939–1998 · 3 rounds
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 , amended section generally, incorporating provisions of former section 408 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1983 Amendment
Pub. L. 98–21, title III, § 335(c), , 97 Stat. 130, 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 [42 U.S.C. 301 et seq.] on or after the date of the enactment of this Act [].”
Effective Date of 1939 Amendment
Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective .
Credits
1935–1998 · 4 acts
- 1935Aug. 14, 1935, ch. 531, title II, § 207, 49 Stat. 624
- 1939Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1372
- 1983Pub. L. 98–21, title III, § 335(a), , 97 Stat. 130
- 1998Pub. L. 105–277, div. J, title IV, § 4005(a), , 112 Stat. 2681–911.
Show as published
(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), , 97 Stat. 130; Pub. L. 105–277, div. J, title IV, § 4005(a), , 112 Stat. 2681–911.)