Current through Register Vol. 56, No. 18, September 16, 2024
(a) The Office may
award compensation for loss of support to any victim or claimant who can
establish by a preponderance of the evidence that, at the time of the incident,
a dependency existed upon the income or other economic contributions of the
offender that is no longer available to or accessible by the victim.
1. In computing the loss of support of the
victim or claimant/dependent, the Office may only consider the
assailant/offender's earnings and/or the amount of money or economic
contributions the offender was actually contributing to the victim and victim's
household at the time of the injury of the victim.
2. Where the dependents have received or are
receiving a greater sum of money from other sources by reason of the incident
giving rise to the claim for compensation than the sum contributed to their
support by the assailant/offender at the time of incident, no compensation for
loss of support shall be awarded to the dependents.
3. The Office reserves the right to review
its determination should the victim's dependency, marital, or earning status be
altered, and to modify its award accordingly.
(b) Where a dependency upon the
assailant/offender has been established, loss of support may be compensated
only:
1. For a period not to exceed 48
months;
2. During a period of
incarceration of the offender for a minimum period of at least two
weeks;
3. Where the
assailant/offender is deceased or remains a fugitive from prosecution and/or
his or her whereabouts remain unknown for a minimum period of at least two
weeks;
4. Where the
assailant/offender has ceased providing support to the victim, in total or in
part, due to the incident giving rise to the claim for a minimum period of at
least two weeks;
5. Where
compensation paid to the victim does not result in a substantial unjust
enrichment to the assailant/offender;
6. Where compensation paid to the victim does
not relieve the assailant/offender from any monetary obligation imposed by the
court or other legal document, prior to, as a direct result of or subsequent to
the incident giving rise to the claim for compensation, as the
assailant/offender's legal duty toward the victim, the victim's family, or a
member of the assailant/offender's family;
7. Where the victim and/or claimant
cooperates in the prosecution of the offender, including the filing and
prosecution of a criminal complaint against the offender, unless a compelling
health or safety reason is shown for a failure to so cooperate. Compelling
reasons for non-cooperation shall include, but not be limited to, traumatic
stress, fear of retribution, fear of law enforcement, or mental health crises;
and
8. Where the victim has been
determined to be eligible for compensation under
52:4B-1 et seq. and this
chapter.
(c) A victim
and/or claimant shall not be eligible to receive compensation for loss of
support for more than two separate incidents involving the same
assailant/offender, nor receive more than one such award within a period of 12
consecutive months.
(d) The victim
and/or claimant shall inform the Office whether the assailant/offender
continues, or commences again, to provide support, in total or in part, in any
form, to the victim and/or family and whether the assailant/offender resides
with the victim at any time subsequent to the incident giving rise to the claim
for compensation. Failure to provide the Office with said information shall be
a basis for denial or cessation of the payment of compensation and good cause
for the Office to seek reimbursement for any award paid in the claim.
(e) In cases where the offender has failed to
meet his or her financial obligation, the Office may in its discretion, in
order to prevent undue hardship, award compensation on behalf of the victim.
The Office does, however, retain the authority to seek reimbursement from the
offender for the amount paid.
