As used in this subpart:

1. (1)

   1. (A) “Allowable expense” means a charge incurred for needed products, services, and accommodations, including, but not limited to:

      1. (i) Medical care;
      2. (ii) Rehabilitation;
      3. (iii) Rehabilitative occupational training;
      4. (iv) Crime scene cleanup; and
      5. (v) Other remedial treatment and care.

   2. (B) It also includes a total charge not in excess of seven thousand five hundred dollars ($7,500) for expenses related to:

      1. (i) Funeral;
      2. (ii) Cremation; or
      3. (iii) Burial.
   3. (C) Such term shall also include the cost of legal services for the establishment of guardianship for minor children pursuant to this part;
2. (2) “Board” means the Crime Victims Reparations Board, hereinafter referred to as the board;

3. (3) “Catastrophic” means injuries involving a sustained loss of function, including, but not limited to, any of the following conditions:

   1. (A) Mangling, crushing, or amputation of a major portion of an extremity;
   2. (B) Traumatic injury to the spinal cord that has caused or may cause paralysis;
   3. (C) Severe burns that require burn center care; or
   4. (D) Serious head injury, loss of vision, or loss of hearing;

4. (4)

   1. (A) “Claimant” means any of the following persons applying for reparations under the Arkansas Crime Victims Reparations Act, Arkansas Code § 16-90-701 et seq.:

      1. (i) A victim;
      2. (ii) A dependent of a victim who has died because of criminally injurious conduct; or
      3. (iii) A person authorized to act on behalf of any of the persons listed above.
   2. (B) The term shall not include a service provider;

5. (5) “Collateral source” means a source of benefits or advantages for economic loss that the claimant has received or that is readily available to the claimant, including, but not limited to, any one (1) or more of the following:

   1. (A) The offender;
   2. (B) The United States Government or any agency thereof, in the form of benefits, such as Social Security, Medicare, and Medicaid, or a state or any of its political subdivisions;
   3. (C) State-required temporary nonoccupational disability insurance;
   4. (D) Workers’ compensation;
   5. (E) Wage continuation programs of any employer;
   6. (F) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct; or
   7. (G) A contract providing prepaid hospital and other health care service or benefits for disability;

6. (6)

   1. (A) “Criminally injurious conduct” means an act that occurs or is attempted in this state that results in personal injury or death to a victim that is punishable by:

      1. (i) Fine;
      2. (ii) Imprisonment; or
      3. (iii) Death.
   2. (B) This term shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident.

   3. (C) This term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts involve any of the following:

      1. (i) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft;
      2. (ii) A violation of the Omnibus DWI or BWI Act, Arkansas Code § 5-65-101 et seq.; or
      3. (iii) A violation of Arkansas Code § 27-53-101 (leaving the scene of an accident involving serious injury or death);
7. (7) “Dependent” means a natural person wholly or partially dependent upon the victim for care or support and includes a child of a victim born after the death of the victim where the death occurred as a result of criminally injurious conduct;
8. (8) “Economic loss” means monetary detriment consisting of allowable expense and work loss, but shall not include noneconomic detriment;

9. (9) “Immediate family” means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by:

   1. (A) Blood;
   2. (B) Adoption; or
   3. (C) Marriage;

10. (10) “Noneconomic detriment” means:

    1. (A) Pain;
    2. (B) Suffering;
    3. (C) Inconvenience;
    4. (D) Physical impairment; and
    5. (E) Nonpecuniary damage;
11. (11) “Personal injury” means actual bodily harm, including pregnancy or mental anguish, that is the direct result of a violent criminal act;
12. (12) “Total and permanent disability” means an impairment based upon demonstrable medical evidence that restricts the victim from performing the usual tasks of a worker to such an extent that the victim cannot maintain employment;

13. (13)

    1. (A) “Victim” means a person who suffers personal injury or death as a result of criminally injurious conduct committed within the State of Arkansas.

    2. (B) The term further includes:

       1. (i) Any Arkansas resident who suffers personal injury as the result of criminally injurious conduct that occurs in states presently not having crime victims reparations programs for which the victim is eligible; and
       2. (ii) Any Arkansas resident who is injured or killed by an act of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331.

    3. (C) The term "victim" shall include a person who:

       1. (i) Is an immediate family member of a:

          1. (a) (a) Deceased victim;
          2. (b) (b) Victim of sexual assault; or
       2. (c) (c) Child victim;
       3. (ii) Is not an immediate family member, but resided, at the time of the crime, in the same permanent household as a deceased victim;
       4. (iii) Discovered the body of a victim who dies as the result of criminally injurious conduct; or
       5. (iv) Is the minor child, whether by blood, adoption, or marriage, of an eligible victim; and

14. (14)

    1. (A) “Work loss” means loss of income from work the victim or claimant would have performed in their regular course of employment if the victim had not been injured or died, reduced by:

       1. (i) Any income from substitute work actually performed by the victim or claimant; or
       2. (ii) Income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing but unreasonably failed to undertake.

    2. (B) Individuals filing claims must provide clear and convincing evidence of employment, including, but not limited to:

       1. (i) Pay stubs;
       2. (ii) Tax returns; or
       3. (iii) Certified documentation from employer.