3 Miss. Code. R. 1-03-304 - Loss of Support for Dependent(s)

1. Surviving dependent(s) of the deceased victim may be eligible to receive loss of support. Dependent may be a spouse or a child under the age of 18 (if the child is enrolled in school full-time on the date of the crime, then no later than the child's 21st birthday). Other family members in the household may be considered on a case-by-case basis. See § 304 (4) (f). Other limitations do apply and are discussed further in this chapter.

2. Claimant and Dependent Eligibility:

a. The victim must otherwise qualify for compensation before any award can be considered;

b. The claimant must otherwise qualify for compensation before any award can be considered;

c. The dependent must otherwise qualify for compensation and was wholly or partially dependent upon the victim for care and support at the time of the victim's death; and, d. The claimant must provide all requested supporting documentation.

3. Verification: Supporting documentation as determined by the Division shall be submitted to verify and substantiate the expense eligibility. The following shall apply:

a. The claimant shall provide a report of the victims earnings and available collateral information.

b. The claimant shall provide verification that the dependent was wholly or partially dependent upon the victim for care and support at the time of the victim's death.

c. The claimant shall provide verification that he or she is legally authorized to act on behalf of victims dependent.

d. Additional information and supporting documentation may be requested for further determination on an as-needed basis.

4. Limitations: The following shall apply:

a. Compensation for dependent's loss of support may not exceed Six Hundred Dollars ($600.00) per week, not to exceed fifty-two (52) weeks; provided, however, if there is more than one (1) dependent per victim, the amount of compensation awarded shall be prorated among the dependents.

b. The total amount for loss of support may not exceed the aggregate limitation of Twenty Thousand Dollars ($20,000.00).

c. The amount of loss is based on the victim's income at the time of death. The income is determined by utilizing rules of wage loss in § 303.

d. All relevant collateral sources will be considered and shall be reduced from the eligible award. (See § 209)

e. The first One Hundred Fifty Thousand Dollars ($150,000.00) of life insurance may not be considered as a collateral source. Any amount more than One Hundred Fifty Thousand Dollars ($150,000.00) shall be deducted from the eligible award.

f. The Division will evaluate each request for loss of support on a case-by-case basis to determine reasonableness and relationships of victim, dependent and claimant. See § 304 (1).

g. Payment may be provided in a lump sum, but any payment for future economic loss may not exceed One Thousand Dollars ($1,000.00) and may be made only for a period as to which future economic loss can reasonably be determined.

h. An award for future economic loss may be modified upon findings that a material and substantial change of circumstances has occurred.

Notes

3 Miss. Code. R. 1-03-304