Michigan Laws 18.354.amended – Eligibility for awards; limitations; waiver; verification of residence
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 18.354.amended
- Claimant: means a victim or intervenor who is injured, or any other person eligible for an award under section 4(1) or 5(1), who files a claim under this act. See Michigan Laws 18.351
- Commission: means the crime victim services commission. See Michigan Laws 18.351
- Crime: means an act that is 1 of the following:
(i) A crime under the laws of this state or the United States that causes an injury within this state. See Michigan Laws 18.351Dating relationship: means frequent, intimate associations primarily characterized by the expectation of affectional involvement. See Michigan Laws 18.351.amended Dependent: A person dependent for support upon another. Dependent: means an individual principally dependent on another for support. See Michigan Laws 18.351.amended Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Household member: means an individual who resides in the same dwelling unit as a victim or intervenor. See Michigan Laws 18.351.amended Intervenor: means a person who goes to the aid of one who has become a victim of a crime and who suffers personal physical injury. See Michigan Laws 18.351 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Out-of-pocket loss: means the unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care, psychological counseling, replacement services, any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing, or other services necessary as a result of the injury upon which a claim is based. See Michigan Laws 18.351 Support: means actual monetary payments made by a victim or intervenor to or for a person principally dependent on the victim or intervenor. See Michigan Laws 18.351 Victim: means a person who suffers a personal physical injury as a direct result of a crime. See Michigan Laws 18.351
(1) Except as provided in subsection (2), the following persons are eligible for awards:
(a) A victim or an intervenor of a crime.
(b) Any of the following individuals:
(i) An individual who is related to a victim or intervenor by blood or affinity to the second degree, including a child born after the death of the victim or intervenor.
(ii) An individual who was in a dating relationship with the victim or intervenor at the time of the crime.
(iii) If the victim or intervenor is a guardian of or primary caregiver to an adult who is physically or mentally incapacitated, that adult who is physically or mentally incapacitated.
(iv) If the victim or intervenor is a guardian or primary caregiver to a minor, that minor.
(v) If the victim or intervenor is a minor or is an adult who is physically or mentally incapacitated and a dependent, the guardian of or primary caregiver to that victim or intervenor.
(vi) An individual who was a guardian of or primary caregiver to a victim or intervenor when the victim or intervenor was a minor.
(c) An individual who legally assumes the obligation or voluntarily pays funeral or burial expenses of a victim who died as a result of a crime.
(d) A health care provider seeking payment under section 5a.
(e) Subject to subsection (4), an individual who, at the time the crime occurred, was a household member.
(f) Subject to subsection (4), an individual who was a household member before the time the crime occurred for a period of not less than 2 years and who is related to the victim or intervenor by blood or affinity.
(g) A dependent who suffers loss of support as a result of the death of a victim or intervenor who died as a result of the crime.
(2) A person is not eligible to receive an award if the person is either of the following:
(a) Criminally responsible for the crime.
(b) An accomplice to the crime.
(3) An award must not be made on a claim unless the claimant has incurred an out-of-pocket loss of not less than $200.00, or has lost at least 5 days’ earnings or support, but the commission may waive the limitations of this subsection if a claimant is retired by reason of age or disability. If the claimant is a victim of criminal sexual conduct in the first, second, or third degree, the commission may waive the limitations of this subsection. The commission shall waive this limitation for health care providers seeking payment under section 5a.
(4) The commission may require an individual to provide verification or proof of permanent residence to demonstrate the individual is eligible for an award under subsection (1)(e) or (f), including, but not limited to, a lease agreement, utility bill, license registration, document showing the mailing address, pay stub, tax form, or notarized statement.