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The Board may grant an emergency award where such grants could help
prevent financial hardship or stress which might not otherwise arise, forcing
persons, among other things, to go on welfare or be evicted from their homes
because of inability to make rent or other payments while at the same time
paying medical expenses, or where a person cannot maintain a reasonable level
of health, safety and education for himself or his dependants.
- In the case of death claims, emergency payments may be made on behalf of the claimant directly to the provider of funeral services where undue hardship as determined by the Board can be shown and eligibility of the claim proven.
- The claimant has the burden of showing the need for such emergency awards and must do so by the preponderance of the credible evidence. The Board shall consider all relevant factors in making its determination.
- The maximum amount of any one emergency award shall not exceed $500.00; however, the total amount of emergency funds awarded to an individual claimant shall not exceed $1,500.00.
- Any emergency awards made to a claimant shall be deducted from the final amount of compensation awarded to said claimant. Where, however, the final amount is less than the sum of the emergency awards provided, or where the Board determines that an application shall receive no compensation, the claimant shall return to the Board an amount of money equal to the difference or repay the full amount of said awards.
- For
incidents occurring on or after June 26, 1995, and whether or not the victim
suffered personal injury, the Board may make an emergency award in an amount not
to exceed $200.00 for compensation for funds stolen directly from the person of
a victim except in the case of burglary, 52:4B-11(b) (ii), wherein no award
shall be made. The victim must comply with the following prerequisites in order
to be eligible to receive an emergency award under this sub-section:
- The victim is over 60 years of age or disabled as defined pursuant to the Federal Social Security Act, 42 U.S.C. 416(I).
- The victim's income in excess of Social Security benefits does not exceed the limits adopted by the State Department of Human Services as the standard of need for the General Assistance Program.
- The funds stolen exceed $50.00.
- The victim has filed a police report indicating the amount stolen.
- The victim has cooperated with investigative and prosecutorial authorities.
- The victim has identified the source of the funds stolen.
- The Board 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.
- The victim is an innocent victim of any one offense enumerated in N.J.S.A. 52:4B-11, except burglary.
- A victim shall not receive an emergency award pursuant to this section for more than two separate incidents of crime victimization, nor receive more than one such award within a period of 36 consecutive months.
Any such emergency award made by the Board shall be included in the final amount of compensation within the statutory maximum as set forth in these rules.