2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9011. Payment of compensation.

§ 9011. Payment of compensation.
(a) Any person, regardless of age or mental condition, is entitled to make application for compensation under this chapter if the person is a claimant. In any instance in which the person entitled to make application is deemed by law to be a person who is incapacitated, the person may nevertheless appear in person or the application may be made on the person's behalf by any person acting as a relative, guardian, or attorney. Every claimant making application is entitled to appear and be heard by the Agency in accordance with § 9012(b), (c), and (d) of this title.
(b) Except in cases of dire hardship, as determined by the Agency, there may not be payment of compensation where the claim is for less than $25. Awards may be paid in a lump sum, or in periodic payments as determined by the Agency. All payment is exempt from attachment, garnishment, or any other remedy available to creditors for the collection of a debt.
(c) The Agency may require any injured person filing a claim under this chapter to submit to a physical or mental examination by a physician selected by the Agency.
(d) Compensation may not be awarded under the chapter to a claimant in a total amount in excess of $25,000; provided, however, that the Agency may award compensation to victims who are permanently and totally disabled in an amount not to exceed $50,000.
(e) Although a person who is incapacitated may appear and press a claim before the Agency, payment of compensation may not be made directly to any person who is incapacitated but must be made to a third person for the benefit of the person who is incapacitated. In the case of any payment for the benefit of a child or person who is incapacitated, the Agency shall order the payee to file an accounting with the Agency no later than January 31 of each year for the previous calendar year, and to take such other action as the Agency may determine to be necessary and appropriate for the benefit of the child or person who is incapacitated.
(f) The Agency shall deduct from its award of compensation any payments received from the following by the claimant if the payment were in any manner made to compensate for the personal injury or death arising from the crime or incident giving rise to the claim:
(1) The offender.
(2) Any person on behalf of the offender.
(3) Any insurer.
(4) The United States or any state.
(5) The State of Delaware or any of its political subdivisions.
(g) In the event that payment of an award of compensation has been received by the claimant, and payments as set forth is subsection (f) of this section are received, the claimant is obligated to reimburse the Agency for the funds received, to the full extent of the compensation paid by the Agency.
(h) The Executive Director has authority to accept reimbursement of less than the full amount of compensation paid, but only in cases where the claimant is subjected to extreme hardship, as determined in the sole discretion of the Executive Director.
(i) The reimbursement provisions of subsections (f), (g), and (h) of this section do not apply to any life insurance proceeds.
59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  6;  64 Del. Laws, c. 273, §  1;  67 Del. Laws, c. 84, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 460, §§  10-12;  77 Del. Laws, c. 193, §  1;  78 Del. Laws, c. 103, §  8;  79 Del. Laws, c. 404, §  4;  83 Del. Laws, c. 247, § 9;