New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.12 - Manner of payment; awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The award
				shall be paid in a lump sum, except that in the case of death or protracted
				disability the award shall provide for periodic payments to compensate for loss
				of earnings or support. No award shall be subject to execution or attachment
				other than for expenses resulting from the injury which is the basis for the
				claim.
(b) In cases in which the
				claimant is a minor or incompetent, the award may be paid to a relative,
				guardian, committee, conservator or attorney of such person on behalf of and
				for the benefit of such person. In such cases the payee may be required to file
				a periodic accounting of the award with the office and take such other action
				as the office shall determine is necessary and appropriate for the benefit of
				the minor or incompetent.
(c) If
				there are two or more persons entitled to an award as a result of the death of
				a person which is the direct result of a crime, the office shall apportion the
				award among the claimants in the proportion as it finds that the deceased
				victim contributed to their support.
(d) In the event of a change of dependency of
				the claimant or any of them, either by marriage of a widow or otherwise, the
				office may change the proportion and the amount of the payments to the
				claimant.
(e) In death cases the
				office shall, at least every 12 months, verify the dependency and financial
				circumstances of the claimants; and upon finding a change, the office may
				reduce or increase the proportion of the allowance and award to the claimants
				as the circumstances warrant.
(f)
				In protracted disability cases the office shall, at least every 12 months,
				verify the disability of the claimant to determine whether he or she is
				entitled to continue to receive periodical payments either in the amount
				awarded or in a reduced amount.
(g)
				Any compensation award made pursuant to Executive Law, article 22, shall be in
				an amount not exceeding out-of-pocket expenses, including indebtedness
				reasonably incurred for medical or other services necessary as a result of the
				injury upon which the claim is based, together with loss of earnings or support
				resulting from such injury.
(1) If the injury
				causes death, the award shall include funeral, burial plot and marker cost, not
				exceeding:
(i) $6,000 for crimes occurring on
				and after 11/1/96, claims submitted by any person who incurs such
				costs;
(ii) $2,000 for crimes
				occurring on and after 6/12/91 until 10/31/96, claims submitted by any person
				who incurs such costs;
(iii) $2,500
				for crimes occurring on and after 8/1/85 until 6/11/91, claims submitted by any
				person who incurs such costs;
(iv)
				$1,500 for crimes occurring on and after 7/30/83 until 7/31/85, claims
				submitted by any person who incurs such costs;
(v) $1,500 for crimes occurring on and after
				6/15/82 until 7/29/83, claims submitted by family members;
(vi) $1,500 for crimes occurring on and after
				6/16/68 until 6/14/82, claims submitted by a surviving spouse, parent or
				child;
(vii) $1,000 for crimes
				occurring on and after 8/1/66 until 6/15/68, claims submitted by a surviving
				spouse or child.