Current through Register No. 40, October 3, 2024
(a) The commission shall award compensation
for the loss of support from a primary victim if:
(1) Such primary victim suffers partial or
total disability or death as a direct result of the crime;
(2) The underlying facts of the claim meet
the requirements of
Jus
605.01; and
(3) None of the circumstances resulting in
ineligibility described in
Jus 605.02
applies.
(b) The
following persons shall be eligible to submit requests for compensation for a
loss of support:
(1) The spouse of the
primary victim;
(2) The domestic
partner of the primary victim;
(3)
The children or step-children of the primary victim; and
(4) Any other person claimed by the primary
victim as a dependent on the most recent year's tax return.
(c) A separate claim shall be
submitted for each eligible person, and the amount awarded pursuant to (f)(2)
below shall apply to each such separate claim.
(d) A claimant submitting a request for
compensation for loss of support shall submit the following documentation to
support the request:
(1) The primary victim's
tax return, listing every dependent, for the year previous to the
crime;
(2) If it is claimed that
the primary victim suffered partial or total physical disability, a report from
a physician, the New Hampshire department of labor, or the Social Security
Administration that declares the primary victim to be or to have been partially
or totally disabled;
(3) If it is
claimed that the primary victim suffered partial or total mental health
disability, a report from a licensed mental health provider whose license
authorizes the making of such diagnoses;
(4) In the case of a primary victim's spouse
claiming loss of support, one of the following:
a.A copy of the marriage license;
b.The most recent year's joint tax return;
or
c.Affidavits from 2 unrelated
persons, neither of whom is related to the claimant, indicating that the
claimant and the victim had been married at the time of the crime that resulted
in the disability or death of the primary victim;
(5) In the case of a domestic partner
claiming loss of support, separate affidavits from the domestic partner and 2
unrelated persons, neither of whom is related to the claimant, indicating when
the relationship began and that the relationship was ongoing at the time of the
crime that resulted in the disability or death of the primary victim;
(6) In the case of a primary victim's child
claiming loss of support, a copy of the following:
a.The child's birth certificate listing the
primary victim as the child's parent; or
b.A final order from a court of competent
jurisdiction indicating that the child had been adopted by the primary victim
with:
1.A copy of the victim's most recent tax
return showing that the victim claimed the child was his or her dependent;
or
2.A copy of documentation
indicating the primary victim paid child support; and
(7) In the case of any other
person requesting compensation for loss of support, an affidavit from such
other person indicating:
a.The nature of the
relationship with the primary victim;
b.When the relationship with the primary
victim began; and
c.That the
primary victim listed the affiant as a dependent on the primary victim's most
recent tax return.
d.To document
that the victim was a victim of a homicide, the unit shall request
(8) A copy of the death
certificate prepared by the medical examiner for the jurisdiction in which the
autopsy was performed; or
(9) A
letter so stating from the homicide unit in the New Hampshire department of
justice if the crime occurred in New Hampshire, or from the prosecuting agency
of the jurisdiction in which the crime occurred.
(e) Whether a loss of support exists shall be
determined by applying the following process:
(1) The amount of income that the victim
would have earned between the time of the crime and the time either when the
victim would not be able to claim the claimant as a dependent for tax purposes
or when the victim would not be under any legal obligation to support the
claimant;
(2) The total amount of
all collateral financial sources, excluding the first $100,000 in life
insurance benefits shall be divided by the number of dependents and then
subtracted from the figure computed pursuant to (f)(1) above;
(3) If the amount computed pursuant to (f)(2)
above is less than the amount computed pursuant to (f)(1) above, the commission
shall determine that a loss of support exists; and
(4) If the amount computed pursuant to (f)(2)
above is more than the amount computed pursuant to (f)(1) above, the commission
shall determine that no loss of support exists.
(g) For purposes of determining assets to be
counted as collateral financial sources for loss of support purposes, any
trusts created for the benefit of dependents of the victim shall be included,
regardless of whether access to the funds is immediate or not until some future
date. The unit, upon learning of such a trust, shall inform the surviving
spouse, trustee, or guardian that permission from the probate court to invade
the trust can be sought for any reason allowed by law.
(h) The following limitations shall apply to
awards made for loss of support:
(1)
Compensation shall be paid in a lump sum, if funding permits;
(2) The amount of compensation shall be the
lesser of the amount computed pursuant to (f)(2) above divided by the number of
claimants or $30,000; and
(3)
Awards to a minor claimant shall be made to the surviving parent or to the
minor's guardian, provided that such parent or guardian provides judicially
enforceable written assurances that the money will be spent in the best
interests of the minor.
#9553, eff 9-25-09
