1. (a) When determining whether a claim for compensation may be denied based on unjust enrichment, pursuant to Tex. Code of Crim. Proc. Art. 56.41(b)(5), the following factors will be considered:

   1. (1) whether the offender or the accomplice of an offender has access to any cash compensation payments paid to, or on behalf of, the victim or claimant by the OAG;
   2. (2) whether the award is essential to the health or safety of the victim or claimant; and
   3. (3) whether any portion of the compensation benefits will be used by, or directly benefit, the offender or an accomplice of the offender for living expenses.
2. (b) If the OAG determines that the offender or accomplice of an offender may be unjustly enriched by any CVC award, the OAG may deny the CVC award.

Source Note:The provisions of this §61.413 adopted to be effective December 15, 2002, 27 TexReg 11513.