No. 31504 (Amendment): R270-1-23. Loss of Support Awards

DAR File No.: 31504
Filed: 05/30/2008, 02:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment is intended to clarify who is eligible to receive a loss of support award.

Summary of the rule or change:

The amendment specifies that loss of support awards are available only to minor children of the deceased victim and to persons who are not minor children, but were physically and financially dependent on the deceased victim. The current policy of the Office of Crime Victim Reparations is to limit the award only to minor children of the deceased victim.

State statutory or constitutional authorization for this rule:

Subsection 63M-7-506(1)(c)

Anticipated cost or savings to:

the state budget:

The Office of Crime Victim Reparations (CVR) will likely make additional loss of support awards under this amendment because the Board would have authority to approve victims for this award who are currently not receiving the award. CVR is not able to determine the exact impact on the Crime Victim Reparations Fund. During fiscal year 2007, CVR approved 70 claims involving the death of the victim. The maximum loss of support award is $25,000. If five of those 70 claims involved persons who were not minor children, but were physically and financially dependent on the deceased victim, CVR could have paid an additional $125,000. It is not likely that the total impact to the CVR Fund would exceed this amount and is quite possible that the total impact would be less. The CVR Fund does not use general fund money.

local governments:

Because loss of support awards are made directly to a parent or guardian and those payments do not involve local governments, it is anticipated that this amendment would have no cost or savings to local government.

small businesses and persons other than businesses:

Because loss of support awards are made directly to a parent or guardian, small businesses will have no costs associated with this rule. Recipients of the loss of support award will use the funds for the support of another person and this may provide a benefit to small businesses. However, such benefit cannot be quantified.

Compliance costs for affected persons:

The only affected persons are potential recipients of a loss of support award. They will need to file an application with CVR and request the loss of support award. This will involve only minimal costs such as postage.

Comments by the department head on the fiscal impact the rule may have on businesses:

This proposed change in regulation will have no fiscal impact on business. Robert Yeates, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Crime Victim Reparations
Administration
350 E 500 S
SALT LAKE CITY UT 84111-3347

Direct questions regarding this rule to:

Ronald B Gordon at the above address, by phone at 801-238-2367, by FAX at 801-533-4127, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2008

This rule may become effective on:

07/22/2008

Authorized by:

Ronald B Gordon, Director

RULE TEXT

R270. Crime Victim Reparations, Administration.

R270-1. Award and Reparation Standards.

R270-1-23. Loss of Support Awards.

A. Pursuant to Subsection 63-25a-411(4)(g), loss of support awards shall be covered on death claims only.

B. Except as provided in Subsection (C), loss of support awards are available only to minor children of the deceased victim. Payment of the award may be made to the parent or guardian of the minor child on behalf of the minor child.

C. The Crime Victim Reparations Board may approve loss of support awards to persons who are not minor children, but were physically and financially dependent on the deceased victim.

 

KEY: victim compensation, victims of crimes

Date of Enactment or Last Substantive Amendment: [January 2], 2008

Notice of Continuation: July 3, 2006

Authorizing, and Implemented or Interpreted Law: 63-25a-401 et seq.