Iowa Administrative Code › Agency 61 - Attorney General › Chapter 9 - Victim Assistance Program › Rule 61-9.28 - Application for Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant may file an application for compensation by
				telephone or in writing within two years of the occurrence or discovery of a
				crime pursuant to Iowa Code section 915.84(1). For a victim of sexual abuse
				when the offender has been referred pursuant to Iowa Code chapter 229A, the
				date of the discovery of the crime shall be considered to be the date when the
				referral was made. The department may waive the requirements of Iowa Code
				section 915.84(1) if good cause is shown.
(1)
Application postmarked.
An application postmarked within the prescribed time period shall be considered
			 timely filed.
(2)
Good
			 cause.
In determining whether there is good cause for waiver of the
			 two-year application filing requirement, the victim's age, physical condition,
			 psychological state, cultural or linguistic barriers, and any compelling health
			 or safety reasons that would jeopardize the well-being of the victim may be
			 considered.
(3)
Multiple
			 erroneous claims.
When two or more applications are filed by or on
			 behalf of an individual applicant during a calendar month and the applications
			 appear on initial review to be erroneous claims based on innocent
			 misrepresentation or circumstances of a similar nature, the claims shall be
			 treated as a single application. Verification shall be investigated for each
			 crime recorded in a file with multiple erroneous applications. If any of the
			 crimes recorded in a combined application are verified as compensable crimes,
			 the applications for compensation for those crimes shall be separated from the
			 combined file and assigned distinct application numbers. The department will
			 notify the applicant whenever two or more applications have been combined as
			 one application.
(4)
Program effective date.
The effective date of the crime victim
			 compensation program is January 1, 1983. Victims and survivors of crimes that
			 were committed prior to the effective date may be eligible for compensation if
			 the program can obtain sufficient documentation to verify
			 eligibility.
(5)
Concurrent
			 primary and secondary applications.
A victim may be both a primary
			 victim and a secondary victim in the same crime. The secondary victim
			 application shall not be opened until a benefit has been exhausted for the
			 primary application and there is documentation of need for further benefits in
			 that category. The secondary victim application shall be considered timely
			 filed if the primary victim application was timely filed.
(6)
Concurrent secondary victim
			 applications.
A victim may be a secondary victim to multiple primary
			 victims in a crime. A subsequent secondary victim application shall not be
			 opened until a benefit has been exhausted in the first secondary victim
			 application and there is documentation of need for further benefits in that
			 category. Subsequent secondary victim applications shall be considered timely
			 filed if the primary victim application was timely filed.