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Title 42 — The Public Health and WelfareRelease 119-73

§407 Assignment of benefits

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER II— - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS › § 407

Last updated Apr 6, 2026|Official source

Summary

People cannot transfer or sign over their right to future payments under this subchapter. Money and rights under this subchapter cannot be taken by court orders, creditors, garnishment, or bankruptcy. No law passed before, on, or after April 20, 1983 may be read to change these protections unless that law specifically refers to them. Taxes can still be withheld if the beneficiary or their representative payee asks for withholding under section 3402(p)(1) of the Internal Revenue Code of 1986.

Full Legal Text

Title 42, §407

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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

Notes & Related Subsidiaries

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), “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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1983 Amendment 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].”

Effective Date

of 1939 AmendmentAct Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective Jan. 1, 1940.

Reference

Citations & Metadata

Citation

42 U.S.C. § 407

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73