3 Miss. Code. R. 1-02-200 - Eligible Claimants

1. "Claimant" means any of the following persons applying for compensation under this chapter:

a. A victim;

b. A dependent of a victim who has died because of criminally injurious conduct;

c. The surviving parent, spouse, child or any person who is legally obligated to pay or has paid medical, funeral, or other allowable expenses incurred as a result of the victims death;

d. Family members of the victim who incur mental health counseling expenses as a result of the victims death; and

e. A person authorized to act on behalf of persons enumerated in subparagraph (a), (b), (c), and (d) of this paragraph; however, A claimant shall not include any of the following: provider or creditor of victim; assignee of provider or creditor, including a collection agency; or another person or entity other than those enumerated in this paragraph.

2. The person authorized to act on behalf of any of the persons enumerated in § 200(1) (b) shall be limited to a legal guardian or conservator.

3. Exceptions:

a. A person who purchases products or services related to funeral expenses for a deceased victim;

b. The family members, of the victim, who incur mental health counseling expenses.

c. The family members of the victim who incur funeral transportation expenses, bereavement lost wages and/or lost wages to make funeral arrangements or attend services. In the case of more than one family member, the Director may prorate the total compensation.

d. The family members of the victim who, on behalf of the victim, incur lost wages to assist the victim during recovery of physical injuries and/or psychological trauma.

e. The family members of the victim who, on behalf of the victim, incur lost wages to attend criminal proceedings of the case which the claim is based.

f. The family members of the victim who, on behalf of the victim, incur court related travel, medical/mental health travel, domestic violence temporary housing assistance mileage, and/or domestic violence relocation assistance mileage. In the case of more than one family member, the Director may prorate the total compensation.

g. Other individuals who, on behalf of the victim, incur court related travel, medical/mental health travel, domestic violence temporary housing assistance mileage, and/or domestic violence relocation assistance mileage if no family member assisted or a family member was not available to assist the victim with travel/mileage.

4. Limitations for claimant eligibility for receiving bereavement lost wages and transportation costs to arrange and/or attend the funeral/services include, but are not limited to the following:

a. No more than two (2) claimants per claim will be eligible to receive transportation costs to arrange or attend funeral/burial services.

b. If more than two (2) persons per claim apply for transportation costs to arrange or attend the funeral/burial services, the two (2) eligible claimants will be determined by the director.

c. The following factors will be used to determine the two (2) eligible claimants:

d. The person legally obligated to pay or the person who has paid for a homicide victims funeral expenses;

e. The person(s) who paid for the funeral/burial expenses of a homicide victim;

f. The designated decision maker(s) of a homicide victim;

g. The designated person(s) to arrange funeral/burial services;

h. The date application(s) received;

i. Requested verifying documentation received;

j. The familial relationship between the victim and applicant.

k. Any other relevant factor(s).

l. Exception: At the discretion of the director, the maximum number of eligible claimants may be increased beyond two (2).

Notes

3 Miss. Code. R. 1-02-200