levy or execution.
(1) Payments of public assistance grants for eligible individuals shall be made at the
time and in the manner prescribed by regulation to:
(a) The needy aged or needy blind or needy permanently and totally disabled
person or recipient; or
(b) The parent or relative with whom a needy child lives; or
(c) The parent or legal guardian of a blind minor; or
(d) The legal guardian of (a) or (b) above; or
(e) Such other persons on behalf of an eligible person as may be prescribed by
regulation; or
(f) Committees appointed by the court and approved for payment purposes by the
secretary according to prescribed regulations.
(2) Any person who is receiving and disbursing public assistance grants on behalf of
another individual eligible under this chapter shall upon request make an accounting
of such funds to the cabinet in accordance with regulations. If a public assistance
grant made on behalf of a needy individual is not used for the benefit of such
individual, such payment shall be suspended pending reasonable assurance that
future grants will benefit the individual on whose behalf such payments are made.
(3) Public assistance shall not be assignable and shall be exempt from levy or
execution. Furthermore, no assignment, pledge or encumbrance of any right to
benefits due or payable under this chapter shall be valid. Public assistance benefits,
as long as they are not mingled with other funds of the recipient, shall be exempt
from any remedy for the collection of all debts, liens and encumbrances. No waiver
of any exemption provided for in this subsection shall be valid.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 188, sec. 193, effective July 15, 1980. --Amended
1974 Ky. Acts ch. 74, Art. VI, sec. 107(21) and (29). -- Amended 1972 Ky. Acts ch.
256, sec. 7. -- Amended 1966 Ky. Acts ch. 134, sec. 5. -- Amended 1956 Ky. Acts
ch. 75, sec. 3. -- Created 1950 Ky. Acts ch. 110, sec. 8.
Notes of Decisions
Cited in
6
cases, 1992–2006 · leading case:
In Re Goldsberry, 142 B.R. 158 (Bankr. E.D. Ky. 1992).
In Re Goldsberry, 142 B.R. 158 (Bankr. E.D. Ky. 1992).
· cites it 3× “In Kentucky, KRS 205.220(3) provides for the exemption of public assistance benefits.”
In Re Griffin, 339 B.R. 900 (Bankr. E.D. Ky. 2006).
· cites it 2× “As discussed in debtors’ Motion (document # 18) this court has previously ruled that the portion of a debtor’s tax refund resulting from the federal Child Tax Credit may not be exempted as public assistance pursuant to KRS 205.220(3). Debtors instead argue that a taxpayer has no…”
In Re Beltz, 263 B.R. 525 (Bankr. W.D. Ky. 2001).
“Debtors argue that the FCTC is an exempt public assistance benefit pursuant to KRS 205.220(3). The Court has considered the briefs filed by the Debtors and the Trustee and has conducted its own independent research.”
Flanery v. Mathison, 289 B.R. 624 (W.D. Ky. 2003).
“1992), the Bankruptcy Court for the Eastern District of Kentucky, interpreting the very statute at issue here, held (after Sor- enson) that “the earned income credit may be exempted pursuant to KRS 205.220(3).” Id. at 159 . Certain courts have refused to classify the credit as…”
In Re Duvall, 281 B.R. 646 (Bankr. W.D. Ky. 2002).
· cites it 4× “§ 205.220(3). The EIC is codified at 26 U.”
— Ky. Rev. Stat. § 205.220(3) — 6 cases
In Re Goldsberry, 142 B.R. 158 (Bankr. E.D. Ky. 1992).
“In Kentucky, KRS 205.220(3) provides for the exemption of public assistance benefits.”
In Re Griffin, 339 B.R. 900 (Bankr. E.D. Ky. 2006).
“As discussed in debtors’ Motion (document # 18) this court has previously ruled that the portion of a debtor’s tax refund resulting from the federal Child Tax Credit may not be exempted as public assistance pursuant to KRS 205.220(3). Debtors instead argue that a taxpayer has no…”
In Re Beltz, 263 B.R. 525 (Bankr. W.D. Ky. 2001).
“Debtors argue that the FCTC is an exempt public assistance benefit pursuant to KRS 205.220(3). The Court has considered the briefs filed by the Debtors and the Trustee and has conducted its own independent research.”
Flanery v. Mathison, 289 B.R. 624 (W.D. Ky. 2003).
“1992), the Bankruptcy Court for the Eastern District of Kentucky, interpreting the very statute at issue here, held (after Sor- enson) that “the earned income credit may be exempted pursuant to KRS 205.220(3).” Id. at 159 . Certain courts have refused to classify the credit as…”
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