(a) An assignment, pledge or encumbrance of any benefit due or payable under this chapter is invalid. Right to benefits is exempt from levy, execution, attachment or other processes for the collection of debt. Benefits received by an individual so long as they are not mingled with other funds of the recipient, are exempt from process for the collection of a debt. The waiver of any exemption provided in this section is void.
(b) The provisions of subsection (a) of this section do not apply to:
(1) The assignment or collection of child support payments under the provisions of section sixteen, article six of this chapter;
(2) A levy by the internal revenue service authorized by 26 U.S.C. §6331 subsection (h); or
(3) Collection of debts incurred for necessaries furnished to an individual, the individual's spouse or dependents, during a period of unemployment.
Structure West Virginia Code
Chapter 21A. Unemployment Compensation
Article 10. General Provisions
§21A-10-1. Agreements to Waive Rights or Pay Employer's Contribution Invalid
§21A-10-2. Assignment of Benefits Invalid; Exemption From Process; Exception
§21A-10-4. Records and Reports; Preservation; Copies; Admissibility; Destruction
§21A-10-5. Right to Representation by Counsel or Agent; Fees
§21A-10-6. Self-Incrimination; Perjury
§21A-10-7. False Representations; Penalties
§21A-10-8. Recovery of Benefits Paid on Misrepresentation; Limitations
§21A-10-9. Penalty for Deducting Employer's Contribution or Requiring Waiver of Right
§21A-10-12. Representation of State in Civil Actions
§21A-10-13. Prosecution and Jurisdiction of Criminal Actions
§21A-10-14. Liability of State for Benefits Limited to Unemployment Compensation Fund
§21A-10-16. Inconsistent Acts Repealed
§21A-10-17. Right to Amend or Repeal Chapter; Application of Certain Provisions
§21A-10-18. Change of Federal Payroll Tax
§21A-10-19. Disclosure of Information to Child Support Agencies
§21A-10-20. Disclosure of Information to Food Stamp Agencies
§21A-10-21. Recovery of Benefits Paid Through Error; Limitation
§21A-10-22. Disclosure of Information to Department of Housing and Urban Development