Eligibility for Continuing Kin-GAP Benefits and Infant Supplement Payment for a Relative Legal Guardian

Q: I am the relative legal guardian of a 17 year-old who is pregnant and has a disability. A few questions: Will I be eligible to continue to receive Kinship Guardianship Assistance (Kin-GAP) benefits on her behalf after she turns 18 years old? Also, will she be eligible for an “infant supplement” when the baby is born?

A: Yes, Kin-GAP benefits extends to age 21 if the youth has a “physical or mental disability that warrants the continuation of assistance” regardless of when the guardianship was established. For youth who are determined to have a physical or mental disability, receipt of extended Kin-GAP benefits is not conditional on the young person in your care meeting one of the five participation requirements due to her disability. There is no definition for what qualifies as a “mental or physical disability” – so contact your county child welfare agency to discuss your child’s needs and eligibility for Kin-GAP benefits until age 21.

In addition, relative guardians receiving Kin-GAP on behalf of a youth that is parenting are eligible for the $441 infant supplement, both before the youth turns age 18 and after the youth turns age 18.

Sources: Welf. & Inst. Code §§ 11363(c)(2), 11386(g)(2), All County Letter 11-86

4 thoughts on “Eligibility for Continuing Kin-GAP Benefits and Infant Supplement Payment for a Relative Legal Guardian

  1. Rick Martinez, Director Alameda County Probation says:

    Why not go AB1331?

    • John Burton Foundation says:

      You raise a good point. The decision about whether to go the route of SSI or Kin-GAP benefits should be based on the individual circumstances of the youth. For the youth in this example, she would get a higher benefit level from the Kin-GAP benefit and the infant supplement than she would from an SSI benefit payment. Absent the child, an SSI benefit would likely be higher. To determine which benefit program is better for the individual requires a careful comparison on a case-by-case basis.

  2. Sherrie Flores says:

    I believe that the youth needed to be over the age of 16 when placed under Kin-Gap to receive the extended benefits. If the youth was under the age of 16 then they are not eligible for extended benefits.

    • John Burton Foundation says:

      You are correct if the youth does not have a disability. However if the youth has a disability, he or she is eligible to receive Kin-GAP benefits to age 21 regardless of when the guardianship was established.

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