N.H. Admin. Code § Jus 605.06

Current through Register No. 50, December 12, 2024

Section Jus 605.06 - Loss of Support Awards

(a) The commission shall award compensation for the loss of support from a primary victim if:

(1) Such primary victim suffers partial or total disability or death as a direct result of the crime;

(2) The underlying facts of the claim meet the requirements of Jus 605.01; and

(3) None of the circumstances resulting in ineligibility described in Jus 605.02 applies.

(b) The following persons shall be eligible to submit requests for compensation for a loss of support:

(1) The spouse of the primary victim;

(2) The domestic partner of the primary victim;

(3) The children or step-children of the primary victim; and

(4) Any other person claimed by the primary victim as a dependent on the most recent year's tax return.

(c) A separate claim shall be submitted for each eligible person, and the amount awarded pursuant to (f)(2) below shall apply to each such separate claim.

(d) A claimant submitting a request for compensation for loss of support shall submit the following documentation to support the request:

(1) The primary victim's tax return, listing every dependent, for the year previous to the crime;

(2) If it is claimed that the primary victim suffered partial or total physical disability, a report from a physician, the New Hampshire department of labor, or the Social Security Administration that declares the primary victim to be or to have been partially or totally disabled;

(3) If it is claimed that the primary victim suffered partial or total mental health disability, a report from a licensed mental health provider whose license authorizes the making of such diagnoses;

(4) In the case of a primary victim's spouse claiming loss of support, one of the following:

a.A copy of the marriage license;

b.The most recent year's joint tax return; or

c.Affidavits from 2 unrelated persons, neither of whom is related to the claimant, indicating that the claimant and the victim had been married at the time of the crime that resulted in the disability or death of the primary victim;

(5) In the case of a domestic partner claiming loss of support, separate affidavits from the domestic partner and 2 unrelated persons, neither of whom is related to the claimant, indicating when the relationship began and that the relationship was ongoing at the time of the crime that resulted in the disability or death of the primary victim;

(6) In the case of a primary victim's child claiming loss of support, a copy of the following:

a.The child's birth certificate listing the primary victim as the child's parent; or

b.A final order from a court of competent jurisdiction indicating that the child had been adopted by the primary victim with:

1.A copy of the victim's most recent tax return showing that the victim claimed the child was his or her dependent; or

2.A copy of documentation indicating the primary victim paid child support; and

(7) In the case of any other person requesting compensation for loss of support, an affidavit from such other person indicating:

a.The nature of the relationship with the primary victim;

b.When the relationship with the primary victim began; and

c.That the primary victim listed the affiant as a dependent on the primary victim's most recent tax return.

d.To document that the victim was a victim of a homicide, the unit shall request

(8) A copy of the death certificate prepared by the medical examiner for the jurisdiction in which the autopsy was performed; or

(9) A letter so stating from the homicide unit in the New Hampshire department of justice if the crime occurred in New Hampshire, or from the prosecuting agency of the jurisdiction in which the crime occurred.

(e) Whether a loss of support exists shall be determined by applying the following process:

(1) The amount of income that the victim would have earned between the time of the crime and the time either when the victim would not be able to claim the claimant as a dependent for tax purposes or when the victim would not be under any legal obligation to support the claimant;

(2) The total amount of all collateral financial sources, excluding the first $100,000 in life insurance benefits shall be divided by the number of dependents and then subtracted from the figure computed pursuant to (f)(1) above;

(3) If the amount computed pursuant to (f)(2) above is less than the amount computed pursuant to (f)(1) above, the commission shall determine that a loss of support exists; and

(4) If the amount computed pursuant to (f)(2) above is more than the amount computed pursuant to (f)(1) above, the commission shall determine that no loss of support exists.

(g) For purposes of determining assets to be counted as collateral financial sources for loss of support purposes, any trusts created for the benefit of dependents of the victim shall be included, regardless of whether access to the funds is immediate or not until some future date. The unit, upon learning of such a trust, shall inform the surviving spouse, trustee, or guardian that permission from the probate court to invade the trust can be sought for any reason allowed by law.

(h) The following limitations shall apply to awards made for loss of support:

(1) Compensation shall be paid in a lump sum, if funding permits;

(2) The amount of compensation shall be the lesser of the amount computed pursuant to (f)(2) above divided by the number of claimants or $30,000; and

(3) Awards to a minor claimant shall be made to the surviving parent or to the minor's guardian, provided that such parent or guardian provides judicially enforceable written assurances that the money will be spent in the best interests of the minor.

N.H. Admin. Code § Jus 605.06

#9553, eff 9-25-09

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12938, Effective 12/9/2019, Expires 12/9/2029.