N.J. Admin. Code § 13:75-4.6
Current through Register Vol. 56, No. 24, December 18, 2024
Section 13:75-4.6 - Loss of support from offender(a) The Office may award compensation for loss of support to any victim or claimant who can establish by a preponderance of the evidence that, at the time of the incident, a dependency existed upon the income or other economic contributions of the offender that is no longer available to or accessible by the victim. 1. In computing the loss of support of the victim or claimant/dependent, the Office may only consider the assailant/offender's earnings and/or the amount of money or economic contributions the offender was actually contributing to the victim and victim's household at the time of the injury of the victim.2. Where the dependents have received or are receiving a greater sum of money from other sources by reason of the incident giving rise to the claim for compensation than the sum contributed to their support by the assailant/offender at the time of incident, no compensation for loss of support shall be awarded to the dependents.3. The Office reserves the right to review its determination should the victim's dependency, marital, or earning status be altered, and to modify its award accordingly.(b) Where a dependency upon the assailant/offender has been established, loss of support may be compensated only: 1. For a period not to exceed 48 months;2. During a period of incarceration of the offender for a minimum period of at least two weeks;3. Where the assailant/offender is deceased or remains a fugitive from prosecution and/or his or her whereabouts remain unknown for a minimum period of at least two weeks;4. Where the assailant/offender has ceased providing support to the victim, in total or in part, due to the incident giving rise to the claim for a minimum period of at least two weeks;5. Where compensation paid to the victim does not result in a substantial unjust enrichment to the assailant/offender;6. Where compensation paid to the victim does not relieve the assailant/offender from any monetary obligation imposed by the court or other legal document, prior to, as a direct result of or subsequent to the incident giving rise to the claim for compensation, as the assailant/offender's legal duty toward the victim, the victim's family, or a member of the assailant/offender's family;7. Where the victim and/or claimant cooperates in the prosecution of the offender, including the filing and prosecution of a criminal complaint against the offender, unless a compelling health or safety reason is shown for a failure to so cooperate. Compelling reasons for non-cooperation shall include, but not be limited to, traumatic stress, fear of retribution, fear of law enforcement, or mental health crises; and8. Where the victim has been determined to be eligible for compensation under N.J.S.A. 52:4B-1 et seq. and this chapter.(c) A victim and/or claimant shall not be eligible to receive compensation for loss of support for more than two separate incidents involving the same assailant/offender, nor receive more than one such award within a period of 12 consecutive months.(d) The victim and/or claimant shall inform the Office whether the assailant/offender continues, or commences again, to provide support, in total or in part, in any form, to the victim and/or family and whether the assailant/offender resides with the victim at any time subsequent to the incident giving rise to the claim for compensation. Failure to provide the Office with said information shall be a basis for denial or cessation of the payment of compensation and good cause for the Office to seek reimbursement for any award paid in the claim.(e) In cases where the offender has failed to meet his or her financial obligation, the Office may in its discretion, in order to prevent undue hardship, award compensation on behalf of the victim. The Office does, however, retain the authority to seek reimbursement from the offender for the amount paid. N.J. Admin. Code § 13:75-4.6
Amended by 53 N.J.R. 1852(c), effective 11/1/2021