§ 23:1693 — Assignment of benefits; exemption of benefits from levy or execution; deduction for

Louisiana § 23:1693

• Jurisdiction: Louisiana
• Title 23: Labor and Workers' Compensation

Text

§1693. Assignment of benefits; exemption of benefits from levy or execution; deduction for
support; deduction for overissuance of SNAP benefits
A. No assignment, pledge, or encumbrance of any right to benefits which are or may
become due or payable under this Chapter shall be valid, and such rights to benefits shall be
exempt from levy, execution, attachment, except as provided in Subsections B and I of this
Section, or any other remedy prescribed for the collection of debt. Benefits received by an
individual, so long as they are not mingled with other funds of the recipient, shall be exempt
from any remedy for the collection of all debts, except debts incurred for necessaries
furnished to such individual or to his spouse or dependents during the time such individual
was unemployed. No waiver of any exemption provided for in this Section shall be valid.
B. The administrator shall deduct and withhold from any unemployment
compensation payable to an individual who owes support obligations as defined under
Subsection G of this Section:
(1) The amount specified by the individual to the administrator to be deducted and
withheld under this Subsection, if neither Paragraph (2) nor (3) of this Subsection is
applicable, or
(2) The amount, if any, determined pursuant to an agreement submitted to the
administrator under 42 U.S.C. 654, by the state or local child support enforcement agency,
unless Paragraph (3) of this Subsection is applicable, or
(3) Any amount required to be deducted and withheld from such unemployment
compensation pursuant to legal process, as that term is defined in 42 U.S.C. 659(i)(5),
properly served upon the administrator.
C. Any amount deducted and withheld under Subsection B of this Section shall be
paid by the administrator to the appropriate state or local child support enforcement agency
in an income assignment order issued pursuant to R.S. 46:236.3 or 236.4.
D. Any amount deducted and withheld under Subsection B of this Section shall for
all purposes be treated as if it were paid to the individual as unemployment compensation
and paid by such individual to the state or local child support enforcement agency in an
income assignment order issued pursuant to R.S. 46:236.3 or 236.4 in satisfaction of the
individual's support obligations.
E. For purposes of Subsections A through D of this Section, the term "unemployment
compensation" means any compensation payable under this Act, including amounts payable
by the administrator pursuant to an agreement under any federal law providing for
compensation, assistance, or allowances with respect to unemployment.
F. Paragraphs (B)(1) and (2) of this Section shall apply only if appropriate
arrangements have been made either for reimbursement by the state or local child support
enforcement agency for the administrative costs incurred by the administrator under this
Section which costs are attributable to support obligations being enforced by the state or local
child support enforcement agency or for compensation for administrative costs pursuant to
the provisions of R.S. 46:236.3.
G. The term " support obligations" is defined, for purposes of this Section, as
including only obligations which are being enforced pursuant to a plan described in 42
U.S.C. 654 which has been approved by the secretary of Health and Human Services under
Part D of Title IV of the Social Security Act.
H. The term "state or local child support enforcement agency" as used in this Section
means any agency of this state or a political subdivision thereof operating pursuant to a plan
described in Subsection G of this Section.
I.(1)(a) An individual filing a new claim in the state for unemployment compensation
shall, at the time of filing such claim, disclose whether he owes an uncollected overissuance
of Supplemental Nutrition Assistance Program benefits referred to in this Subsection as
"SNAP benefits", as defined in Section 13(c)(1) of the Food Stamp Act of 1977, 7 U.S.C.
2022(c)(1). The administrator shall notify the Louisiana Department of Health, or its
designated office, of any individual who discloses that he owes any food stamp overissuance
and who is determined to be eligible and qualified for unemployment compensation.
(b) The administrator shall deduct and withhold from any unemployment
compensation payable to an individual who owes an uncollected overissuance of SNAP
benefits:
(i) Any amount specified by the individual to the administrator to be deducted and
withheld under this Subsection if the administrator also receives confirmation from the
Louisiana Department of Health that there has been an enforceable determination of
overissuance.
(ii) Any amount determined pursuant to an agreement, if any, between the individual
and the Louisiana Department of Health pursuant to Section 13(c)(3)(A) of the Food Stamp
Act of 1977, 7 U.S.C. 2022(c)(3)(A).
(iii) Any amount otherwise required to be deducted and withheld under an
enforceable court order or garnishment pursuant to Section 13(c)(3)(B) of the Food Stamp
Act of 1977, 7 U.S.C. 2022 (c)(3)(B).
(2) Any amount deducted and withheld pursuant to this Subsection shall be paid by
the administrator to the Louisiana Department of Health, or its designated office.
(3) Any amount deducted and withheld from payable benefits pursuant to this
Subsection shall for all purposes be treated as if it were paid to the individual as
unemployment compensation and paid by such individual to the Louisiana Department of
Health as repayment of the uncollected overissuance of SNAP benefits.
(4) For purposes of this Subsection, the term "unemployment compensation" means
any unemployment benefits payable under this Chapter, including amounts payable by the
administrator pursuant to any agreement under any federal law providing for compensation,
assistance, or allowances with respect to unemployment.
J.(1) If a claimant is eligible to receive any temporary federal emergency increase in
unemployment compensation benefits in addition to the maximum weekly benefit amounts
established in R.S. 23:1474 or any additional federal base benefit, the claimant, when filing
a claim for state unemployment compensation benefits, may submit to withholding of state
income taxes at a rate of four percent. Louisiana Works shall electronically report and remit
to the Department of Revenue in the same manner as an "employer" as that term is defined
in R.S. 47:111 and required by R.S. 47:114.
(2) Louisiana Works in consultation with the Department of Revenue shall
promulgate rules and regulations for the implementation and administration of this
Subsection.

Legislative History

Amended by Acts 1982, No. 500, §1, eff. July 22, 1982; Acts 1986, No. 795, §1; Acts 1997, No. 912, §1, eff. July 10, 1997; Acts 1997, No. 1172, §4, eff. June 30, 1997; Acts 1999, No. 117, §1, eff. June 9, 1999; Acts 2020, 1 st Ex. Sess., No 33, §1; Acts 2021, No. 276, §1, see Act; Acts 2025, No. 478, §§7, 9, eff. Oct. 1, 2025.