3 Miss. Code. R. 1-03-312 - School/College/University Tuition Loss

1. Eligible Expenses:

a. Lost tuition may be eligible for tuition paid and unused by the victim during recovery of personal injuries, herein known as victim tuition loss.

b. Lost tuition may be eligible for tuition paid and unused by the claimant during the victims recovery of personal injuries, herein known as claimant tuition loss.

c. Lost tuition may be eligible for tuition paid by the claimant and unused by the victim due to the victims death.

2. Victim eligibility:

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

b. Tuition loss for the victim shall be limited to cases in which the victim had a loss of tuition during recovery of personal injuries, attended medical appointments and/or mental health counseling sessions.

c. The victim must provide all requested supporting documentation.

3. Claimant eligibility:

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

b. Tuition loss for the claimant shall be limited to cases in which the claimant had a loss of tuition in order to assist the victim during the victim's recovery of personal injuries, accompanied victim to mental health counseling sessions and/or accompanied victim to medical appointments.

c. The victim/claimant must provide all requested supporting documentation.

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

a. The victim and/or claimant shall provide tuition loss supporting documentation and collateral source information.

b. The victim or claimant shall provide a disability statement from the victims attending licensed medical doctor or doctor of osteopathy licensed to practice medicine (see 4 [c] for exception) indicating the duration of the victims disability.

c. The disability statement shall be signed by a licensed medical doctor or doctor of osteopathy licensed to practice medicine. Disability statements signed by any other provider, such as therapists, shall not be accepted for consideration. Exception: Victim/Claimant may submit a Statement of Disability Report form completed and signed by a (Certified) Advanced Practice Registered Nurse in lieu of a medical doctor or doctor of osteopathy licensed to practice medicine. If the disability period appears to be unreasonable, then the victim/claimant will be required to have a medical doctor or doctor of osteopathy licensed to practice medicine complete the form. This will be determined on a case by case basis.

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

5. Limitations: The following shall apply:

a. The victim must have been enrolled at a school, college or university as a full or part-time student at the time of the crime and unable to continue attendance at that school due to death or disability.

b. The amount of the award shall be based on the amount of tuition not refunded by the school and reduced by any available collateral sources including, but not limited to, school grants.

c. Textbook costs are not eligible for reimbursement.

d. Tuition loss of a deceased victim shall not be eligible if the claimant does not have legal obligation or liability of losses incurred by the victim. However, tuition loss may be eligible, if the claimant signed for financial responsibility of the tuition expense or made voluntary payments.

e. Compensation for tuition loss my not exceed Two Thousand Dollars ($2,000.00).

f. The victim and claimant may both receive compensation for lost tuition during the victims recovery of crime related injuries. (This only applies to claims where both the victim and the claimant were enrolled at a school, college or university as full or part-time students at the time of the crime and unable to continue because of the victims disability resulting from the crime.) The amount of compensation shall be prorated among the victim and claimant and the total amount of the award may not exceed Two Thousand Dollars ($2,000.00).

g. The total amount for victim or claimant lost tuition may not exceed the aggregate limitation of Two Thousand Dollars ($2,000.00).

Notes

3 Miss. Code. R. 1-03-312