PIH Notice 2012-1: Income Exclusion of Kinship, Kin-GAP and Other Guardianship Care Payments

Summary:   Kin-GAP payments are subsidies that go to, or on behalf of, children leaving the juvenile court system to live with a relative or legal guardian. Kinship care payments are foster care subsidies that go to, or on behalf of, children living with a relative or legal guardian.  HUD’s notice supersedes notices PIH-2008-30 and 2008-40 and clarifies the treatment of income received from Kinship Guardian Assistance Payments (Kin-GAP), kinship care payments, and other guardianship care payments pursuant to 24 CFR § 5.609(c)(2).   HUD’s notice applies to Public and Indian Housing (PIH) rental assistance programs including: Public Housing, Section 8 Moderate Rehabilitation, Housing Choice Voucher and Section 8 Project-Based Voucher and Certificate Programs.

The Department determined that kinship care, Kin-GAP, and similar programs funded by states serve as an alternative to foster care placements and that the compensation to participating relatives or legal guardians is comparable to the compensation to foster care parents. Payments for the care of foster children (including foster adults) are exempt from income. Thus, during annual and/or interim reexamination of family income pursuant to 24 CFR § 960.257 for public housing and 24 CFR § 982.516 for Section 8 programs, kinship, Kin-GAP and similar state guardianship care payments are to be excluded from a household’s income under 24 CFR § 5.609(c)(2).  Additional information is provided in HUD’s notice regarding how Moving-to-Work agencies may treat these payments.

Date of Publication:  January 6, 2012

View the notice here.