Kin-GAP and SSI/SSA

EAS 45-607.7

Legal Guardian(s) (LG for children and youth receiving Kinship-Guardianship Assistance Payment Program (Kin-GAP must be the Authorized Representative Payee (ARP. When a child is transitioning from foster care (FC) to Kin-GAP and the Santa Clara County Social Services Agency (SCCSSA is the current ARP, the Social Services Analyst (Analyst) must meet with the LG to assist in changing the ARP to the LG. All funds maintained in the child’s account must be returned to the Social Security Administration (SSA, unless abatement against the FC case is appropriate or otherwise approved by SSA.

The following policy applies when the LG is receiving Supplemental Security Income (SSI,  survivor’s or disability benefits on behalf of the child in their care:

For a child or non-minor former dependent (NMFD receiving state funded Kin-GAP, SSI and/or  survivor’s benefits are treated as income. The state Kin-GAP (aid codes 4F, 4G, 4W) payment is to be offset dollar for dollar against the SSI or SSA survivor payment. In CalSAWS it is entered as “Other Unearned Income.”

For a child or NMFD receiving federally funded Kin-GAP (aid codes 4S,4T), SSI and/or SSA survivor’s benefits are not counted as income. SSA will offset the payments against the federal Kin-GAP payment. It is the responsibility of the LG to report Kin-GAP benefits to SSA.

For a child or NMFD receiving state-funded Kin-GAP, SSA disability benefits are to be treated as income. The state Kin-GAP payment is to be offset against the payment pursuant to the $225 disregard regulations. In CalSAWS it is entered as “SSA/RSDI: Disability Benefits. Refer to CalWORKs Handbook “Social Security Disability Insurance.”

For a child or NMFD receiving federally funded Kin-GAP, SSA disability benefits are not counted as income. SSA will offset the payments against the federal Kin-GAP payment. It is the responsibility of the LG to report the Kin-GAP benefits to SSA.

Related Topics

Social Security Administration Benefits