(a)

1. (1) No portion of a compensation award shall unjustly benefit the offender or accomplice.

2. (2) However, no award shall be denied solely on the basis of the:

   1. (A) Victim’s familial relationship to the offender; or
   2. (B) Presence of the offender in the household at the time of the award.

(b) In determining whether or not an award would unjustly benefit the offender, the following factors should be considered:

1. (1)

   1. (A) The legal responsibilities of the offender to the victim and collateral resources available to the victim from the offender.
   2. (B) Victims of family violence must not be penalized when collateral sources of payment are not viable;
2. (2) Payments to victims of family violence that only minimally or inconsequentially benefit the offender; and
3. (3) The special needs of child witnesses to violence and child victims of criminal violence, especially when the perpetrator is a parent who may or may not live in the same residence.

(c)

1. (1) Collateral resources available to the victim from the offender shall be considered when awarding a claim.
2. (2) However, the victim shall not be penalized for the failure of an offender to meet legal obligations to pay for the costs of the victim's recovery.