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42 U.S.C. § 657 — Distribution of collected support

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 657 — Distribution of collected support

**(a) In general** Subject to subsections (d) and (e), the amounts collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows: (1) **Families receiving assistance** — In the case of a family receiving assistance from the State, the State shall— (A) pay to the Federal Government the Federal share of the amount collected, subject to paragraph (3)(A); (B) retain, or pay to the family, the State share of the amount collected, subject to paragraph (3)(B); and (C) pay to the family any remaining amount. (2) **Families that formerly received assistance** — In the case of a family that formerly received assistance from the State: (A) *Current support* — To the extent that the amount collected does not exceed the current support amount, the State shall pay the amount to the family. (B) *Arrearages* — Except as otherwise provided in an election made under [section 654(34) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/34&num=0&edition=prelim), to the extent that the amount collected exceeds the current support amount, the State— (i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to [section 608(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section608/a/3&num=0&edition=prelim); (ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall— (I) pay to the Federal Government the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and (II) retain, or pay to the family, the State share of the excess amount described in this cla

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Stable record: federal_law:legal_authorities:record_usc_d9200d873fdc9b75f6b76478
Source file: Laws/federal/codes/united-states-code/title-42/section-657-distribution-of-collected-support--56e1bc4cc4.md
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Source location: Title 42, Chapter 7, § 657; chapter-007-social-security.md

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**(a) In general** Subject to subsections (d) and (e), the amounts collected on behalf of a family as support by a State pursuant to a plan approved under this part shall be distributed as follows: (1) **Families receiving assistance** — In the case of a family receiving assistance from the State, the State shall— (A) pay to the Federal Government the Federal share of the amount collected, subject to paragraph (3)(A); (B) retain, or pay to the family, the State share of the amount collected, subject to paragraph (3)(B); and (C) pay to the family any remaining amount. (2) **Families that formerly received assistance** — In the case of a family that formerly received assistance from the State: (A) *Current support* — To the extent that the amount collected does not exceed the current support amount, the State shall pay the amount to the family. (B) *Arrearages* — Except as otherwise provided in an election made under [section 654(34) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/34&num=0&edition=prelim), to the extent that the amount collected exceeds the current support amount, the State— (i) shall first pay to the family the excess amount, to the extent necessary to satisfy support arrearages not assigned pursuant to [section 608(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section608/a/3&num=0&edition=prelim); (ii) if the amount collected exceeds the amount required to be paid to the family under clause (i), shall— (I) pay to the Federal Government the Federal share of the excess amount described in this clause, subject to paragraph (3)(A); and (II) retain, or pay to the family, the State share of the excess amount described in this clause, subject to paragraph (3)(B); and (iii) shall pay to the family any remaining amount. (3) **Limitations** (A) *Federal reimbursements* — The total of the amounts paid by the State to the Federal Government under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the Federal share of the amount assigned with respect to the family pursuant to [section 608(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section608/a/3&num=0&edition=prelim). (B) *State reimbursements* — The total of the amounts retained by the State under paragraphs (1) and (2) of this subsection with respect to a family shall not exceed the State share of the amount assigned with respect to the family pursuant to [section 608(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section608/a/3&num=0&edition=prelim). (4) **Families that never received assistance** — In the case of any other family, the State shall distribute to the family the portion of the amount so collected that remains after withholding any fee pursuant to [section 654(6)(B)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/6/B/ii&num=0&edition=prelim). (5) **Families under certain agreements** — Notwithstanding paragraphs (1) through (3), in the case of an amount collected for a family in accordance with a cooperative agreement under [section 654(33) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/33&num=0&edition=prelim), the State shall distribute the amount collected pursuant to the terms of the agreement. (6) **State option to pass through additional support with Federal financial participation** (A) *Families that formerly received assistance* — Notwithstanding paragraph (2), a State shall not be required to pay to the Federal Government the Federal share of an amount collected on behalf of a family that formerly received assistance from the State to the extent that the State pays the amount to the family. (B) *Families that currently receive assistance* (i) *In general* — Notwithstanding paragraph (1), in the case of a family that receives assistance from the State, a State shall not be required to pay to the Federal Government the Federal share of the excepted portion (as defined in clause (ii)) of any amount collected on behalf of such family during a month to the extent that— (I) the State pays the excepted portion to the family; and (II) the excepted portion is disregarded in determining the amount and type of assistance provided to the family under such program. (ii) *Excepted portion defined* — For purposes of this subparagraph, the term “excepted portion” means that portion of the amount collected on behalf of a family during a month that does not exceed $100 per month, or in the case of a family that includes 2 or more children, that does not exceed an amount established by the State that is not more than $200 per month. **(b) Continuation of assignments** (1) **State option to discontinue pre-1997 support assignments** (A) *In general* — Any rights to support obligations assigned to a State as a condition of receiving assistance from the State under part A and in effect on September 30, 1997 (or such earlier date on or after August 22, 1996, as the State may choose), may remain assigned after such date. (B) *Distribution of amounts after assignment discontinuation* — If a State chooses to discontinue the assignment of a support obligation described in subparagraph (A), the State may treat amounts collected pursuant to the assignment as if the amounts had never been assigned and may distribute the amounts to the family in accordance with subsection (a)(4). (2) **State option to discontinue post-1997 assignments** (A) *In general* — Any rights to support obligations accruing before the date on which a family first receives assistance under part A that are assigned to a State under that part and in effect before the implementation date of this section may remain assigned after such date. (B) *Distribution of amounts after assignment discontinuation* — If a State chooses to discontinue the assignment of a support obligation described in subparagraph (A), the State may treat amounts collected pursuant to the assignment as if the amounts had never been assigned and may distribute the amounts to the family in accordance with subsection (a)(4). **(c) Definitions** As used in subsection (a): (1) **Assistance** — The term “assistance from the State” means— (A) assistance under the State program funded under part A or under the State plan approved under part A of this subchapter (as in effect on the day before August 22, 1996); and (B) foster care maintenance payments under the State plan approved under part E of this subchapter. (2) **Federal share** — The term “Federal share” means that portion of the amount collected resulting from the application of the Federal medical assistance percentage in effect for the fiscal year in which the amount is distributed. (3) **Federal medical assistance percentage** — The term “Federal medical assistance percentage” means— (A) 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa; or (B) the Federal medical assistance percentage (as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), as such section was in effect on September 30, 1995) in the case of any other State. (4) **State share** — The term “State share” means 100 percent minus the Federal share. (5) **Current support amount** — The term “current support amount” means, with respect to amounts collected as support on behalf of a family, the amount designated as the monthly support obligation of the noncustodial parent in the order requiring the support or calculated by the State based on the order. **(d) Gap payments not subject to distribution under this section** At State option, this section shall not apply to any amount collected on behalf of a family as support by the State (and paid to the family in addition to the amount of assistance otherwise payable to the family) pursuant to a plan approved under this part if such amount would have been paid to the family by the State under [section 602(a)(28) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section602/a/28&num=0&edition=prelim), as in effect and applied on the day before August 22, 1996. **(e) Amounts collected for child for whom foster care maintenance payments are made** Notwithstanding the preceding provisions of this section, amounts collected by a State as child support for months in any period on behalf of a child for whom a public agency is making foster care maintenance payments under part E of this subchapter— (1) shall be retained by the State to the extent necessary to reimburse it for the foster care maintenance payments made with respect to the child during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); (2) shall be paid to the public agency responsible for supervising the placement of the child to the extent that the amounts collected exceed the foster care maintenance payments made with respect to the child during such period but not the amounts required by a court or administrative order to be paid as support on behalf of the child during such period; and the responsible agency may use the payments in the manner it determines will serve the best interests of the child, including setting such payments aside for the child’s future needs or making all or a part thereof available to the person responsible for meeting the child’s day-to-day needs; and (3) shall be retained by the State, if any portion of the amounts collected remains after making the payments required under paragraphs (1) and (2), to the extent that such portion is necessary to reimburse the State (with appropriate reimbursement to the Federal Government to the extent of its participation in the financing) for any past foster care maintenance payments (or payments of assistance under the State program funded under part A) which were made with respect to the child (and with respect to which past collections have not previously been retained); and any balance shall be paid to the State agency responsible for supervising the placement of the child, for use by such agency in accordance with paragraph (2).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1318 — Alternative Federal payment with respect to public assistance expenditures

In the case of any State which has in effect a plan approved under subchapter XIX for any calendar quarter, the total of the payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with September 30), under paragraphs (1) and (2) of sections 303(a),11 See References in Text note below. 1203(a),1 1353(a),1 and 1383(a) 1 of this title shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in [section 1396d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d&num=0&edition=prelim)), instead of the percentages provided under each such section, to the expenditures under its State plans approved under subchapters I, X, XIV, and XVI, which would be included in determining the amounts of the Federal payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections. For purposes of the preceding sentence, the term “Federal medical assistance percentage” shall, in the case of Puerto Rico, the Virgin Islands, and Guam, mean 75 per centum.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1318

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 602 — Eligible States; State plan

**(a) In general** As used in this part, the term “eligible State” means, with respect to a fiscal year, a State that, during the 27-month period ending with the close of the 1st quarter of the fiscal year, has submitted to the Secretary a plan that the Secretary has found includes the following: (1) **Outline of family assistance program** (A) *General provisions* — A written document that outlines how the State intends to do the following: (i) Conduct a program, designed to serve all political subdivisions in the State (not necessarily in a uniform manner), that provides assistance to needy families with (or expecting) children and provides parents with job preparation, work, and support services to enable them to leave the program and become self-sufficient. (ii) Require a parent or caretaker receiving assistance under the program to engage in work (as defined by the State) once the State determines the parent or caretaker is ready to engage in work, or once the parent or caretaker has received assistance under the program for 24 months (whether or not consecutive), whichever is earlier, consistent with [section 607(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607/e/2&num=0&edition=prelim). (iii) Ensure that parents and caretakers receiving assistance under the program engage in work activities in accordance with [section 607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section607&num=0&edition=prelim). (iv) Take such reasonable steps as the State deems necessary to restrict the use and disclosure of information about individuals and families receiving assistance under the program attributable to funds provided by the Federal Government. (v) Establi

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 402 — Old-age and survivors insurance benefit payments

**(a) Old-age insurance benefits** Every individual who— (1) is a fully insured individual (as defined in [section 414(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section414/a&num=0&edition=prelim)), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has attained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in subsection (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as defined in [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/a&num=0&edition=prelim)) for such month. **(b) Wife’s insurance benefits** (1) The wife (as defined in [section 416(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416/b&num=0&edition=prelim)) and every divorced wife (as defined in [section 416(d) of this title](https://uscode.house.gov/

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 51 — Amount of credit

**(a) Determination of amount** For purposes of section 38, the amount of the work opportunity credit determined under this section for the taxable year shall be equal to 40 percent of the qualified first-year wages for such year. **(b) Qualified wages defined** For purposes of this subpart— (1) **In general** — The term “qualified wages” means the wages paid or incurred by the employer during the taxable year to individuals who are members of a targeted group. (2) **Qualified first-year wages** — The term “qualified first-year wages” means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer. (3) **Limitation on wages per year taken into account** — The amount of the qualified first-year wages which may be taken into account with respect to any individual shall not exceed $6,000 per year ($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and $24,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II)). **(c) Wages defined** For purposes of this subpart— (1) **In general** — Except as otherwise provided in this subsection and subsection (h)(2), the term “wages” has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). (2) **On-the-job training and work supplementation payments** (A) *Exclusion for employers receiving on-the-job training payments* — The term “wages” shall not include any amounts paid or incurred by an empl

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 654 — State plan for child and spousal support

A State plan for child and spousal support must— (1) provide that it shall be in effect in all political subdivisions of the State; (2) provide for financial participation by the State; (3) provide for the establishment or designation of a single and separate organizational unit, which meets such staffing and organizational requirements as the Secretary may by regulation prescribe, within the State to administer the plan; (4) provide that the State will— (A) provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to— (i) each child for whom (I) assistance is provided under the State program funded under part A of this subchapter, (II) benefits or services for foster care maintenance are provided under the State program funded under part E of this subchapter, (III) medical assistance is provided under the State plan approved under subchapter XIX, or (IV) cooperation is required pursuant to section 2015(l)(1) of title 7, unless, in accordance with paragraph (29), good cause or other exceptions exist; (ii) any other child, if an individual applies for such services with respect to the child (except that, if the individual applying for the services resides in a foreign reciprocating country or foreign treaty country, the State may opt to require the individual to request the services through the Central Authority for child support enforcement in the foreign reciprocating country or the foreign treaty country, and if the individual resides in a foreign country that is not a foreign reciprocating country or a foreign treaty country, a State may accept or reject the application); and (B) enforce any support obligation established

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 664 — Collection of past-due support from Federal tax refunds

**(a) Procedures applicable; distribution** (1) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due support which has been assigned to such State pursuant to section 608(a)(3) or [section 671(a)(17) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section671/a/17&num=0&edition=prelim), the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such individual (regardless of whether such individual filed a tax return as a married or unmarried individual). If the Secretary of the Treasury finds that any such amount is payable, he shall withhold from such refunds an amount equal to the past-due support, shall concurrently send notice to such individual that the withholding has been made (including in or with such notice a notification to any other person who may have filed a joint return with such individual of the steps which such other person may take in order to secure his or her proper share of the refund), and shall pay such amount to the State agency (together with notice of the individual’s home address) for distribution in accordance with [section 657 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section657&num=0&edition=prelim). This subsection may be executed by the disbursing official of the Department of the Treasury. (2) (A) Upon receiving notice from a State agency administering a plan approved under this part that a named individual owes past-due support which such State has agreed to collect under paragraph (4)(A)(ii) or (32) of [section 654 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654&num=0&edition=pre

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 664

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 608 — Prohibitions; requirements

**(a) In general** (1) **No assistance for families without a minor child** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not use any part of the grant to provide assistance to a family, unless the family includes a minor child who resides with the family (consistent with paragraph (10)) or a pregnant individual. (2) **Reduction or elimination of assistance for noncooperation in establishing paternity or obtaining child support** — If the agency responsible for administering the State plan approved under part D determines that an individual is not cooperating with the State in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not qualify for any good cause or other exception established by the State pursuant to [section 654(29) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/29&num=0&edition=prelim), then the State— (A) shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to not less than 25 percent of the amount of such assistance; and (B) may deny the family any assistance under the State program. (3) **No assistance for families not assigning certain support rights to the State** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall require, as a condition of paying assistance to a family under the State program funded under this part, that a member of the fa

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 608

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 651 — Authorization of appropriations

For the purpose of enforcing the support obligations owed by noncustodial parents to their children and the spouse (or former spouse) with whom such children are living, locating noncustodial parents, establishing paternity, obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this part to all children (whether or not eligible for assistance under a State program funded under part A) for whom such assistance is requested, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382b — Eligibility for benefits

**(a) “Eligible individual” defined** (1) Each aged, blind, or disabled individual who does not have an eligible spouse and— (A) whose income, other than income excluded pursuant to [section 1382a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/b&num=0&edition=prelim), is at a rate of not more than $1,752 (or, if greater, the amount determined under [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim)) for the calendar year 1974 or any calendar year thereafter, and (B) whose resources, other than resources excluded pursuant to [section 1382b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382b/a&num=0&edition=prelim), are not more than (i) in case such individual has a spouse with whom he is living, the applicable amount determined under paragraph (3)(A), or (ii) in case such individual has no spouse with whom he is living, the applicable amount determined under paragraph (3)(B), (2) Each aged, blind, or disabled individual who has an eligible spouse and— (A) whose income (together with the income of such spouse), other than income excluded pursuant to [section 1382a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382a/b&num=0&edition=prelim), is at a rate of not more than $2,628 (or, if greater, the amount determined under [section 1382f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382f&num=0&edition=prelim)) for the calendar year 1974, or any calendar year thereafter, and (B) whose resources (together with the resources of such spouse), other than resources excluded pursuant to [sectio

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1382b

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382d — Resources

**(a) Exclusions from resources** In determining the resources of an individual (and his eligible spouse, if any) there shall be excluded— (1) the home (including the land that appertains thereto); (2) (A) household goods, personal effects, and an automobile, to the extent that their total value does not exceed such amount as the Commissioner of Social Security determines to be reasonable; and (B) the value of any burial space or agreement (including any interest accumulated thereon) representing the purchase of a burial space (subject to such limits as to size or value as the Commissioner of Social Security may by regulation prescribe) held for the purpose of providing a place for the burial of the individual, his spouse, or any other member of his immediate family; (3) other property which is so essential to the means of self-support of such individual (and such spouse) as to warrant its exclusion, as determined in accordance with and subject to limitations prescribed by the Commissioner of Social Security, except that the Commissioner of Social Security shall not establish a limitation on property (including the tools of a tradesperson and the machinery and livestock of a farmer) that is used in a trade or business or by such individual as an employee; (4) such resources of an individual who is blind or disabled and who has a plan for achieving self-support approved by the Commissioner of Social Security, as may be necessary for the fulfillment of such plan; (5) in the case of Natives of Alaska, shares of stock held in a Regional or a Village Corporation, during the period of twenty years in which such stock is inalienable, as provided in section 1606(h) and [section 1607(c) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1382d

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