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Income
EAS 44-133
Any income received by or on behalf of a Kin-GAP child is considered income to the Kin-GAP AU only.
The Kin-GAP eligible child is treated as a recipient for income limits. For more information see the following links:
[Refer to CalWORKs Handbook, Income/General [EAS 44-101]
[Refer to CalWORKs Handbook, Exempt/Excluded Income
[Refer to CalWORKs Handbook, Unearned Income
[Refer to CalWORKs Handbook, Disability Based Income
[Refer to CalWORKs Handbook, Earned Income
[Refer to CalWORKs Handbook, Self-Employment
Social Security Survivor’s Benefits
EAS 44-113.3, 44-133.1, and 44-133.311
Social Security Survivor’s Benefits paid to a Kin-GAP child are considered income to the child and are counted in their entirety against the Kin-GAP payment.
Social Security Disability Benefits
EAS 44-101.6, 444-111.23, and 44-113.214
Social Security Benefits based on Disability are subject to the $225 disregard. Therefore, Social Security Disability benefits paid to a Kin-GAP child are considered income to the child and must be allowed the $225 disregard.
The 50% disregard on the remaining income does not apply to Social Security Benefits based on Disability. It would apply to any remaining earned income from the child.
SSI/SSP Benefits
W&IC 11008.15
Person(s) who receive SSI/SSP are eligible for Kin-GAP. The federal or state eligibility determination for the Kin-GAP program will determine how the SSI/SSP is used and/or budgeted in the Kin-GAP case. The only time a Kin-GAP case should be opened for an SSI/SSP child is when the Kin-GAP benefit would be great than the SSI/SSP award. The manner in which the SSI/SSP is affected must be explained to the guardian. If it is determined that a Kin-GAP case is advantageous to the child the income will be budgeted as follows:
- If the child is eligible for Federal Kin-GAP, then
- This income is not budgeted
- Report the income to the Social Security via the SSI/SSP Social Work Coordinator
- Social Security should stop issuing benefits
- Advise the guardian that an overpayment to Social Security may occur while there is an overlap of payments.
- If the child is eligible for State Kin-GAP, then
- This income is budgeted entirely
- The Kin-GAP grant must be offset with the SSI/SSP amount. This is a dollar per dollar offset.
- Report the income to Social Security via the SSI/SSP Social Work Coordinator, noting the Kin-GAP benefits are state only.
Child Support
EAS 82-520.44
Child Support is subject to the $100 child support disregard. In situations where there are sibling cases, the $100 disregard is applied to each separate AU.
Excess child support payments occur when the absent parent(s) has repaid all the arrears monies owed to the county. The entire amount counts against the grant received.
Referrals to Local Child Support Agency (LCSA)
Family Code 17552, EAS 43-201, MPP 44-11
Effective January 1, 2023, Assembly Bill (AB) 1686 directs counties to presume the payment of child support by the parent is likely to pose a barrier to the proposed reunification in Foster Care and Kin-GAP cases. Therefore, counties shall no longer refer parents to LCSA unless the case meets exception criteria. For more information refer to Child/Medical Support Overview.
Related Topics
Kinship Guardianship Assistance Payment Program