Permanency Guide - Los Angeles County Department of Children ...

COMPARISON OF FINANCIAL BENEFITS
ADOPTION, LEGAL GUARDIANSHIP AND PLANNED PERMANENT LIVING ARRANGEMENT
FACTOR
10.
SOCIAL SECURITY
(SSA-DEPENDANT
OR SURVIVOR
BENEFITS)
11.
SOCIAL SECURITY
(SSA-DEPENDENT
OR SURVIVOR
BENEFITS, SSI- OR
OTHER INCOME
BASED ON THE
CHILD’S
ELIGIBILITY)
ADOPTION
[Adoption Assistance
Program (AAP) Funded]
When an adopted parent(s) retires,
becomes unable to work due to
disability, or dies, the adopted child
may be eligible for dependant or
survivor benefits. The child may be
eligible for SSI benefits due to
disability. The adoptive family
directly receives the funds for the
care of the child. 26 Family must
report AAP benefits when applying
for SSI.
An adopted child may be eligible to
Supplemental Security Income (SSI)
benefits due to a disability. 29
The adoptive family directly receives
these funds for the care of the child.
(Note: AAP funding and SSI Benefits
are both federal programs and the
family may only receive the
maximum rate for which the child is
eligible, funds cannot overlap). An
adopted child may be eligible for
dependent or survivor benefits.
RELATIVE
GUARDIANSHIP
(supported by Enhanced Kin-
GAP)
When the birth parent(s) retires,
becomes unable to work due to
disability, or dies, the child may be
eligible for dependant or survivor
benefits. If the SSA amount exceeds
the Kin-GAP rate, the Kin-GAP funds
may be ended and the full SSA
amount can be paid to the legal
guardian. 27 . If Child is on SSI and
Regional Center client, the Regional
Center provides case management. If
receiving the Specialized Care Rate
from DCFS, this amount may be
higher than SSI.
When the child is disabled, the same
factors apply as described above.
While Kin-Gap programs generally
apply the exemption to earned income
of a dependent child or ward of the
juvenile court, caregivers should
consult with the SSA office for more
specific information.
LEGAL GUARDIANSHIP
NON-RELATIVE/
RELATIVE
GUARDIANSHIP
(supported by foster care funds)
When the birth parent(s) retires,
becomes unable to work due to
disability, or dies, the child may be
eligible for dependant or survivor
benefits.
The Legal Guardian may choose to
receive social security benefits or foster
care benefits. 27 . If Child is on SSI and
Regional Center client, the Regional
Center provides case management. If
receiving the Specialized Care Rate from
DCFS, this amount may be higher than
SSI.
When the child is disabled, the same
factors apply as described above. I f the
SSA amount exceeds the foster care
rate, the foster care rate may be ended
and the full SSA amount may be paid to
the legal guardian.
PLANNED PERMANENT
LIVING ARRANGEMENT
(Long Term Foster Care)
SSA determines who the payee is for SSA
funds for dependant children, when the
birth parent is disabled or dies. The funds
are generally paid to DCFS (unless the
agency is not paying for the placement in
which case, the payee would be the
caretaker)and are applied to the foster
care expense for the cost of the child’s
placement. A trust fund account is
established for any extra funds, and the
DCFS is responsible to use these funds to
meet the child’s needs. Trust accounts
cannot go beyond $2,000. 28
When the child is disabled, the same
factors apply as described above.