52:4B-10.1 - Emergency award

52:4B-10.1  Emergency award. 1.  a.  The Victims of Crime Compensation  Agency may make one or more emergency awards to any applicant for compensation pending final determination of a case, when it determines that compensation is likely to be provided and that the applicant will suffer undue hardship if funds are not made immediately available.  The amount of any one emergency award shall not exceed $2,500 with the total amount of each such award made to an individual applicant not to exceed $5,000.  Any emergency awards made to an applicant shall be deducted from the final amount of compensation provided to an applicant by the agency.  If the amount of compensation made by the agency to an applicant is less than the sum provided to the applicant through emergency grants, the applicant shall pay to the  agency an amount of money equal to the difference.  If the agency determines that an applicant who has received emergency awards shall receive no compensation, the applicant shall repay to the  agency the total amount of all emergency awards which he received.

b.In addition to any emergency award made pursuant to the provisions of subsection a. of this section, the Victims of Crime Compensation Agency may make an emergency award in an amount not to exceed $200.00 for compensation for funds stolen from a victim in connection with any of the incidents specified in section 11 of P.L.1971, c.317 (C.52:4B-11) except paragraph 11 of subsection b. of section 11 of P.L.1971, c.317 (C.52:4B-11), burglary, whether or not the victim suffered personal injury, under the following circumstances:

(1)The victim is 60 years of age or older or is disabled as defined pursuant to the federal Social Security Act, 42 U.S.C. s. 416(i);

(2)The victim's income does not exceed the limits adopted by the State Department of Human Services as the standard of need for the General Assistance Program;

(3)The funds stolen exceed $50.00;

(4)The victim establishes:

(a)that the victim has filed a police report indicating, among other things, the amount stolen;

(b)that the victim has cooperated with investigative and prosecuting authorities; and

(c)the source of the funds stolen; and

(5) The agency is satisfied that there are no other sources available to provide the victim with funds necessary to cover immediate costs of essential shelter, food or medical expenses, and that, but for the victim's loss, the victim would otherwise have had the funds to pay such costs.

c.The agency shall direct that any funds awarded pursuant to this act be expended solely to cover the costs established pursuant to paragraph (5) of subsection b. of this section.

d.(Deleted by amendment, P.L.2007, c.95).

L.1981,c.258,s.1; amended 1995, c.135, s.2; 2007, c.95, s.13.