Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD
Chapter 12.01.01 - General Regulations
Section 12.01.01.07 - Protracted Claims

Universal Citation: MD Code Reg 12.01.01.07

Current through Register Vol. 51, No. 19, September 20, 2024

A. An award made for disability or dependency may be paid over a protracted period on a monthly basis.

B. Except as provided under Criminal Procedure Article, § 11-811(a)(3), Annotated Code of Maryland, an award for disability or dependency is based upon a victim's average weekly wage, excluding overtime wages, at the time of the crime, and the Board shall calculate the award based on the following:

(1) Multiply the maximum weekly payment by 52 and divide the result by 12; and

(2) Subtract from the amount determined under §B(1) of this regulation the amount of benefits received from other sources for injuries resulting from the crime on which the claim is based, disregarding subtractions based on increases:
(a) In the victim's other sources of income received or to be received under Criminal Procedure Article, § 11-811(c), Annotated Code of Maryland;

(b) In other benefits; or

(c) In the Consumer Price Index.

C. The Board may not exceed limits for awards established under this chapter or by law.

D. Partial Payment.

(1) A claimant may request a partial payment from a protracted award if the payment is needed for the living or business needs of the claimant.

(2) A claimant requesting a partial payment shall:
(a) Make the request in writing to the Board; and

(b) Provide the reason for and evidence to support the claimant's need for a partial payment.

(3) The Board shall:
(a) Determine the amount of a partial payment; and

(b) Deduct the amount of the partial payment from the balance of any remaining payment.

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