1. A. An award made for disability or dependency may be paid over a protracted period on a monthly basis.

2. B. Except as provided under Criminal Procedure Article, §11-811(a)(3), Annotated Code of Maryland, an award for disability or dependency is based upon a victim’s average weekly wage, excluding overtime wages, at the time of the crime, and the Board shall calculate the award based on the following:

   1. (1) Multiply the maximum weekly payment by 52 and divide the result by 12; and

   2. (2) Subtract from the amount determined under §B(1) of this regulation the amount of benefits received from other sources for injuries resulting from the crime on which the claim is based, disregarding subtractions based on increases:

      1. (a) In the victim’s other sources of income received or to be received under Criminal Procedure Article, §11-811(c), Annotated Code of Maryland;
      2. (b) In other benefits; or
      3. (c) In the Consumer Price Index.
3. C. The amount of an award may not exceed limits for awards established under this chapter or by law.

4. D. Partial Payment.

   1. (1) A claimant may request a partial payment from a protracted award if the payment is needed for the living or business needs of the claimant.

   2. (2) A claimant requesting a partial payment shall:

      1. (a) Make the request in writing to the Board; and
      2. (b) Provide the reason for and evidence to support the claimant's need for a partial payment.

   3. (3) The Board shall:

      1. (a) Determine the amount of a partial payment; and
      2. (b) Deduct the amount of the partial payment from the balance of any remaining payment.

Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

Effective date: July 21, 1972

Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)

Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)

Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)

Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)

Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)

Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)

Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)