(a)
(1) The Crime Victims Reparations Board may make or authorize the Administrator of the Crime Victims Reparations Board to make an advance (emergency) award of compensation to the claimant/victim prior to taking action on an application and pending a final decision when:
- (A) It appears the claim is one for which compensation is probable; and
- (B) Undue hardship will result to the claimant/victim if immediate payment is not made.
(2) The claimant/victim may:
- (A) Request in the application that consideration be given for an advance award; and
- (B) Provide justification for such award.
- (3) A decision denying emergency relief shall not be appealable.
(b)
- (1) The amount of such advance (emergency) award shall not exceed five hundred dollars ($500).
- (2) Any advance award shall be deducted from the final compensation made to the claimant/victim.
- (3) If the final award amount is less than the amount of the advance award, the claimant/victim must repay the excess to the board.
- (4) If an emergency award is made and the claimant/victim later does not follow through with prosecution or some other requirement of this program, the claimant/victim will be required to reimburse the board for the amount of the award made.
(c) Criteria for payment of emergency awards is listed below:
(1) Claimant/victim is without an income at the time of application resulting in loss of:
- (A) Food;
- (B) Heat; or
- (C) Shelter; or
- (2) Claimant/victim cannot receive emergency service (i.e. burial) without the emergency payment.
(d) Documentation required:
(1) Proof of financial emergency should be obtained for the file, such as:
- (A) Notice of eviction from the landlord; or
- (B) A shut-off notice from the power company;
- (2) If no proof is available, then the investigator should note in file why he or she thinks the application is considered an emergency;
(3)
- (A) There must be contact with the investigating law enforcement officer to verify:
(i) What occurred;
(ii) The victim's innocence; and
- (iii) The victim's cooperation.
- (B) A law enforcement offense report and Crime Victims Reparations Board Law Enforcement Form must be included in the file;
(4)
- (A) For wage loss claims, the employer may be contacted by telephone but the written verification must follow to go in the file.
- (B) If self-employed, the applicant must provide a copy of his or her last three (3) years’ tax returns or check stubs for the last three (3) months as proof of his or her income.
- (C) If proof is not available, lost wages cannot be considered;
- (5) If the injury is not commensurate with the time lost from work, a doctor's excuse will be required; and
- (6) Claimant/victim is required to sign a promissory (demand) note, which must be signed and executed by the claimant/victim with the administrator prior to receiving the emergency award.